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News: The International Criminal Court (ICC) has recently come under global scrutiny following its issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu over alleged war crimes in Gaza.
About International Criminal Court (ICC)
- The ICC is a permanent international court that prosecutes individuals for 4 serious crimes- genocide, war crimes, crimes against humanity, and the crime of aggression.
- It is an independent international organisation and is not part of the United Nations.
- Established: Created by the Rome Statute on 17 July 1998; became effective on 1 July 2002.
- Headquarters: The Hague, Netherlands.
- Members: It has 125 member states.
- Notable exceptions: the US, China, Russia, Israel, and India.
- Languages: Official languages include English, French, Arabic, Chinese, Russian, and Spanish.
- Judges: ICC has 18 judges who are elected by the Assembly of State Parties and have non-renewable 9-year terms.
- Jurisdiction: ICC only covers crimes committed after 1 July 2002.
- Can prosecute individuals only if the country where the offence was committed is a party to the Rome Statute or the perpetrator’s country of origin is a party to the Rome Statute.
- It operates on the principle of complementarity, stepping in only if national courts are unable or unwilling to act.
- Crimes referred to the ICC Prosecutor by the UN Security Council.
- ICC has no jurisdiction with respect to any person under age of 18.
- Enforcement: ICC’s decisions are binding. However, it does not have its own police force and relies on State cooperation, which is essential to the arrest and surrender of suspects.
- Funding: Contributions from member states and voluntary donations.
Difference between International Criminal Court (ICC) vs. International Court of Justice (ICJ)
| Aspects | International Criminal Court (ICC) | International Court of Justice (ICJ) |
| Established | 2002 (by the Rome Statute) | 1945 (by the UN Charter) |
| Purpose | Prosecutes individuals for war crimes, crimes against humanity, genocide, and crimes of aggression. | Settles disputes between countries and gives advisory opinions on legal questions. |
| Jurisdiction | Over individuals accused of crimes. | Over states/countries involved in disputes. |
| Membership | 125 member states. | All United Nations (UN) members (193 countries). |
| Enforcement | Relies on member states for arrests and enforcement. | Enforced through UN Security Council decisions (though often difficult to implement). |
| Cases Handled | War crimes, genocide, crimes against humanity, aggression. | Border disputes, maritime conflicts, trade disagreements, treaty violations. |
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