DIFFERENCES B/W ICJ and ICC

INTERNATIONAL COURT OF JUSTICE – ICJ

 It is the primary judicial branch of United Nations and settles legal disputes and provides advisory opinions
submitted to it by its member states. ICJ is a civil court.
 UNSC enforces its court’s rulings.
 ICJ is composed of 15 judges elected for 9 years term by the UNGA and UNSC.
 International Court of Justice is one of the most important guarantors of peace, security and co-operation among
states.

♦ India and ICJ

 Justice Dalveer Bhandari currently serves as permanent judge at ICJ.
 Recent ruling by ICJ, awarded Bangladesh more than 9,700 square miles in the Bay of Bengal, ending a maritime
dispute spanning more than three decades.

INTERNATIONAL CRIMINAL COURT – ICC

 It was set up after the ad hoc tribunals to deal with Rwanda war crimes proved ineffective. ICC is a criminal court.
 ICC is based on the principle of complementarity. ICC was not created to supplant the authority of national courts.
However, when a state’s legal system collapses or when a government is a perpetrator of heinous crimes, the ICC
can exercise jurisdiction. ICC is a court of last resort.
 USA opposed the ICC for fear that it will be used politically against U.S. nationals.
 ICC ensures that those who commit serious human rights violations are held accountable. Justice helps promote
lasting peace, enables victims to rebuild their lives and sends a strong message that perpetrators of serious
international crimes will not go unpunished.

♦ India and ICC

 India is not a party to ICC. The major objections of India to the Rome Statute are :
o Since ICC is subordinate to UNSC, permanent members are vested with unbridled powers.
o Terrorism and nuclear weapons usage is not in the purview of ICC.

 There is criticism that India on signing up the Rome Statute, would immediately come under ICC jurisdiction for
human right violations under AFSPA, abuses in Naga movement, Kashmir conflict.

Let us have a look at the table to know the MAJOR DIFFERENCES between ICC and ICJ.

INTERNATIONAL COURT OF INTERNATIONAL CRIMINAL

JUSTICE- ICJ COURT – ICC

1946 2002
ESTABLISHEMENT YEAR
Official court of U.N, commonly known as Independent. Not governed by
RELATIONSHIP WITH U.N “World Court”. U.N. Can receive referrals from
UNSC. Can initiate prosecution
without UN action.
Peace Palace , Hague Hague
HEADQUARTERS
U.N Member states. Can give advisory Individuals accused of
JURISDICTION opinions to UN bodies. Cannot try individuals. international crimes. Uses
Applies International Law International Law, as war crimes
violate Geneva Convention.
Sovereignty, boundary disputes, Genocide, crimes against
TYPES OF CASES maritime disputes, trade, natural resources, humanity, war crimes, crimes of
human rights, treaty violations, aggression.
treaty interpretation, etc.
States that ratify the U.N. Charter Rome Statute
DERIVES AUTHORITY FROM become parties to the ICJ Statute. Non-UN
member states can also become parties to the
ICJ by ratifying the ICJ Statute.
ICJ decision is binding. UNSC can review if Appeals Chamber, according to
APPEALS states do not comply. Rome Statute.
U.N funded contribution from state parties to
FUNDING the Rome Statute; voluntary
contributions from the U.N;
voluntary contributions from
governments, international
organizations, individuals,
corporations and
 COMPARISON OF THE ICJ AND THE ICC
Question: What are the similarities and differences between the International Court of Justice (ICJ) and the International
Criminal Court (ICC)?
Answer: Below is a side-by-side comparison of the two international courts. More information about each of the two courts
can be found on the UN Courts and Tribunals page.
International Court of Justice (ICJ)
Feature
La Cour Internationale de Justice (CIJ)
Year Court Established 1946
Languages English, French
UN-Relationship Official court of the U.N., commonly referred to as
the “World Court.”
Location The Hague, The Netherlands
Jurisdiction U.N. member-states (i.e. national governments)
Types of Cases (1) Contentious between parties, (2) Advisory
opinions
Subject Matter Sovereignty, boundary disputes, maritime disputes,
trade, natural resources, human rights, treaty
violations, treaty interpretation, and more.
Authorizing Legal States that ratify the U.N. Charter become parties to
Mechanism the ICJ Statute under Article 93. Non-UN member
states can also become parties to the ICJ by
ratifying the ICJ Statute. Each state must provide
consent to any contentious case by explicit
agreement, declaration, or treaty clause.
Appeals None. The ICJ decision in a contentious case is
binding upon the parties. If a State fails to comply
with the judgment, the issue may be taken to the
UN Security Council, which has the authority to
review, recommend, and decide upon enforcement.
Precedent No stare decisis. Prior case law is persuasive
authority.
Online Archives 1946-present
Funding UN-funded.
International Criminal Court (ICC)
La Cour pénale internationale (CPI)
2002
English, French
Independent. May receive case referrals from the UN
Security Council. Can initiate prosecutions without
UN action or referral.
The Hague, The Netherlands
Individuals
Criminal prosecution of individuals
Genocide, crimes against humanity, war crimes,
crimes of aggression
Rome Statute
Appeals Chamber. Article 80 of the Rome Statute
allows retention of an acquitted defendant pending
appeal.
No stare decisis. Prior case law is persuasive
authority.
2002-present
Assessed contribution from state parties to the Rome
Statute; voluntary contributions from the U.N.;
voluntary contributions from governments,
international organizations, individuals, corporations
and other entities.