Difference between ICC & ICJ – at a glance

INTERNATIONAL COURT OF INTERNATIONAL CRIMINAL

  
JUSTICE- ICJ COURT – ICC

ESTABLISHMENT YEAR 1946 2002

Independent. Not governed by

Official court of U.N, commonly U.N. Can receive referrals from
RELATIONSHIP WITH U.N
known as “World Court”. UNSC. Can initiate prosecution
without UN action.

HEADQUARTERS Peace Palace , Hague Hague

U.N Member states. Can give Individuals accused of

advisory opinions to UN international crimes. Uses
JURISDICTION
bodies. Cannot try individuals. International Law, as war crimes
Applies International Law violate Geneva Convention.

Sovereignty, boundary disputes,

maritime disputes, trade, natural Genocide, crimes against
TYPES OF CASES resources, human rights, treaty humanity, war crimes, crimes of
violations, treaty interpretation, aggression.
etc.

States that ratify the U.N. Charter

become parties to the ICJ Statute.
DERIVES AUTHORITY FROM Non-UN member states can also Rome Statute
become parties to the ICJ by
ratifying the ICJ Statute.

ICJ decision is binding. UNSC can Appeals Chamber, according to

APPEALS
review if states do not comply. Rome Statute.

Contribution from state parties to

the Rome Statute; voluntary
contributions from the U.N;
FUNDING U.N funded voluntary contributions from
governments, international
organizations, individuals,
corporations and other entities.
Issues to ML:

Setback in the recent times.

Recently US sanctions against ICC officials: No country has ever imposed sanctions against ML
institutions. By this US has caused a major setback to ML & Rules based Order. This is a continuation of
stand by US against ML institutions. Previously, Exit UNESCO, UNHRC, Paris Agreement of CC, Iranian
Nuclear Deal.

US imposed sanctions on ICC officials for their investigation on war crimes committed by US forces in
Afghanistan though US has not ratified Rome Statute- 1988.

Rome statute:

 1988
 Signed by US but not ratified.
 Not signed by China, India, and Russia.
 ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force. The
Rome Statute is a multilateral treaty that serves as the ICC’s foundational and governing
document.

Why India not signed ICC Rome statute?

 Rights given to the UN Security Council, a narrow club of 15 mem, to refer and delay
investigations and bind non-states parties.  India feels it discriminatory provision that gives
powers only to members of UNSC & also violation of International Law.
 Use of nuclear weapons and other weapons of mass destruction, Cross Border Terrorism not
being explicitly criminalized.
 Fear of Misuse: India believes that UNSC is a Geopolitical platform. ICC can be used as a tool to
target other countries having internal conflicts since India also dealing with numerous
insurgencies.