The ICC is not to be confused with ICJ, which is an organ of the United Nations. In this article, we will take a look at the difference between the two.
Both ICJ and ICC are meant to disburse justice, only in a different way. (Photo credit: Unsplash)
New Delhi: The International Criminal Court on November 21 issued arrest warrants against Benjamin Netanyahu, the Prime Minister of Israel and also against former Defence Minister Yoav Gallant and Hamas leader Mohammed Diab Ibrahim Al-Masri.
The ICC has accused them of war crimes and crimes against humanity. While the ICC has said that it is not required for Israel to accept the jurisdiction of the court, the country has nevertheless rejected the ICC’s jurisdiction and denied committing war crimes in Gaza. The arrest warrants were issued unanimously by a three-judge Pre-Trial Chamber. The ICC is not to be confused with ICJ, which is an organ of the United Nations. In this article, we will take a look at the difference between the two.
What is ICJ?
The International Court of Justice which is also known as the World Court and the ICJ is the only international court that presides over general disputes between the countries. Also, the ICJ gives advisory opinions on international legal issues. It is one of the six United Nations organs and is located in The Hague, Netherlands.
The ICJ succeeded the Permanent Court of International Justice (PCIJ) which the erstwhile League of Nations formed in 1920. Following World War II, the UN replaced the League of Nations and the ICJ replaced the PCIJ. All UN member states are party to the ICJ Statute and may initiate contentious legal cases. The ICJ has a panel of 15 judges which the UNGA and the Security Council elect for nine years. A nation can have one judge at the court at the same time. The rulings and opinions of the court are binding on the parties with respect to the particular case ruled on by the court.
What is ICC?
The International Criminal Court which is popularly known as the ICC is an international tribunal and an intergovernmental organisation whose headquarters is also in The Hague, Netherlands. While the ICC is not an organ of the UN unlike the ICJ, it is the first and only permanent international court which has the jurisdiction to prosecute people for crimes against humanity, international crimes of genocide, crimes of aggression and of course, war crimes. It is very much unlike the ICJ which hears disputes between nations.
The ICC was established in 2002 pursuant to the multilateral Rome Statute. Some consider the ICC to be a major step towards justice and a new approach regarding human rights and international law. It has also faced several criticisms with some governments refusing to recognise its assertion of jurisdiction. Some civil groups have accused the ICC of racism, Eurocentrism and bias and others have questioned its effectiveness to uphold international law.
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