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Lompat ke Halaman. Cari di dalam dokumen. 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.
Gerald Bandonill. Michael Lisondra. Mladen Mrdalj. Shahzad Hafeez. Lena Lei. Krissie Guevara. Alba P. Both these organisations derive the authority to conduct their affairs and perform their functions by certain international treaties or statutes that are signed and ratified by nations of the world.
The International Criminal Court derives its authority from the Rome Statute, which was ratified and became executable in There are certain countries, like the United States of America, which have ratified this treaty but have not become a party to the ICC over concerns regarding the succession of their sovereignty and power to the International Criminal Court.
On the other hand, the International Court of Justice derives its authority from the Charter of the United Nations, which was signed by all the members of the UN in Countries that are not members of the United Nations can also become parties to the ICJ, by ratifying the Statute of the International Court of Justice, which currently has 50 signatories.
As the name suggests, the International Criminal Court deals with criminal matters. International Criminal Court talks in detail about the types of crimes it adjudicates, which are as follows:. Crime of genocide, which means the specific intent to destroy wholly or partly a national, ethnic, racial or religious group, either by killing its members or by other means.
Crimes against humanity, which are serious violations involving large-scale attacks against civilian populations. The Rome Statute mentioned 15 crimes against humanity, such as murder, rape, enslavement, etc.
War crimes, which are grave breaches of the Geneva conventions in the context of armed conflict between countries. These crimes include the use of child soldiers, killing or torturing prisoners of war, etc.
Crime of aggression, which is the use of armed force by one State against the sovereignty, integrity or independence of another.
This was added to the scope of work of the ICC in July On the other hand, the International Court of Justice is a civil court. It settles legal disputes between the member-states and gives advisory opinions on international legal issues referred to it by these member states in the form of the United Nations General Assembly or other authorized international agencies.
The matters it generally deals with include sovereignty and boundaries, treaty violations, maritime disputes, trade disputes, etc. It is also called the World Court.
While the territorial jurisdiction of the ICC is restricted to its member states, the territorial jurisdiction of the ICJ is wider, as it can deal with matters relating to any of the member states of the United Nations, which essentially means almost all the countries in the world. In case of funding, the International Criminal Court, being an independent body, mainly functions on contributions made by state parties to the Rome Statute and voluntary contributions from the United Nations, governments, individual corporations, etc.
The International Criminal Court and the International Court of Justice are fairly different in several respects, like their scope of work, relationship with the United Nations, funding, jurisdiction, etc. However, there is one thing which makes them alike i. See author's posts. As the name suggests, the International Criminal Court deals with criminal matters.
It was established in by the Rome Statute to investigate and prosecute individuals for committing international crimes of genocide, crimes against humanity, and war crimes. No immunity is granted against this, not even to the Presidents in office at the time- which is necessary, considering that top government officials are more often than not at the root of war crimes and the like.
The website of the International Criminal Court talks in detail about the types of crimes it adjudicates, which are as follows:. On the other hand, the International Court of Justice is a civil court. It was established in , and it settles legal disputes between the member-states and gives advisory opinions on international legal issues referred to it by these member states in the form of the United Nations General Assembly or other authorized international agencies.
The matters it generally deals with include sovereignty and boundaries, treaty violations, maritime disputes, trade disputes, etc. It has emerged as one of the main guarantors of peace, security and co-operation among states and for this reason, it is also called the World Court. The territorial jurisdiction of the International Criminal Court is restricted to its member states.
Also, we can say that the International Criminal Court has jurisdiction to investigate three areas of crimes, which are:. The ICC can also put individuals under trial who have been accused of committing international crimes. The territorial jurisdiction of the International Court of Justice is wider, as it can deal with matters relating to any of the member states of the United Nations, which essentially means almost all the countries in the world.
The ICJ, however, can only entertain cases where states appear before it. Unlike the ICC, it cannot try individuals. It also does not have jurisdiction to deal with applications from non-governmental organizations, corporations or any other private entities. It cannot provide them with legal advice or help them in their dealings with national authorities.
However, a state may take up the case of any of its nationals in the court where the national has claimed to have suffered at the hand of another state. This is because such a dispute becomes a dispute between two states, which the ICJ has jurisdiction over. The International Criminal Court is made up of 18 judges who make decisions on international criminal matters, where each judge serves a nine-year term.
They all come from member-countries of the ICC however, no two of them can be from the same country. It also has a prosecutor, who investigates crimes and, if he finds evidence suggesting that a crime has been committed, he asks the judges to begin the trial.
Apart from this, the management of the ICC is taken care of by the Assembly of State Parties, who elect the above-mentioned prosecutor and judges. Each member country of the International Criminal Court has one vote in the Assembly.
The International Court of Justice constitutes 15 judges where each of them, like those in the ICC, also serve a nine-year term. They are elected by the UN General Assembly and the UN Security Council, with 5 judges being elected every 3 years to ensure continuity within the court.
Also, no two judges can be from the same country. There is an informal understanding that the seats for the judges shall be distributed according to geographic regions, hence there are 5 seats for Western countries, 3 for African states, 2 for Eastern European states, 3 for Asian states and 2 for Latin American and Caribbean states. Like any other organisation, these two international legal bodies also require funds to carry out their affairs.
The source of their funding differs based on their status. The International Criminal Court, being an independent body, mainly functions on contributions made by state parties to the Rome Statute and voluntary contributions from the United Nations, governments, individual corporations, etc. The differences that we have discussed above have been laid out in the tabular form below, for easy and quick understanding.
Criminal matters — investigating and prosecuting crimes of genocide, crimes against humanity, and war crimes. Civil matters- settling legal disputes between the member-states and giving advisory opinions on international legal issues.
Only the member nations of the ICC, which means around countries.
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