International Court of Justice (ICJ) | ICC vs ICJ

• Context (HT): South Africa filed a case in the International Court of Justice (ICJ) against Israel accusing it of genocide in Palestine.

About the International Court of Justice (ICJ)

• Also known as the World Court, the ICJ was established in June 1945 by the UN Charter and began its operations in April 1946.
• It is the principal judicial organ of the United Nations but independent of UN Secretariat.
• Headquarters: The Peace Palace in The Hague, Netherlands. Of the 6 principal UN organs, ICJ is the only UN body not located in New York.
• Official languages of ICJ: English and French.
• The member states of the UN are automatic parties to the Court.
• Non-UN member states can also become parties to the ICJ by ratifying the ICJ Statute.
• States have no permanent representatives accredited to the court. They communicate with the Registrar through their Minister for Foreign Affairs or ambassador accredited to the Netherlands.

Composition of ICJ

• Total number of judges: 15, elected for a term of 9 years.
• Does not include more than one judge of any nationality to ensure broad representation.
• The Members of the Court do not represent their governments but are independent magistrates.

Manner of Election

• Elections are held every three years for 1/3rd of the seats (5 judges).
• The Judges are elected by the UN General Assembly and Security Council, that vote simultaneously, but separately.
• Polling happens through a secret ballot.
• To be elected, a candidate must receive an absolute majority of the votes in both bodies (UNSC and UNGA).
• Retiring judges are eligible for re-election.

Jurisdiction

• Contentious cases: ICJ settles legal disputes submitted to it by States as per international law (Contentious cases). Only States may be parties to contentious cases.
• Advisory Opinions: ICJ gives advisory opinions on legal questions referred to it by authorized international organizations. It is open to five UN organs, specialised agencies and related organisations.

Decision making

• Decisions made at ICJ have two components: Judgements and Advisory Opinions.
  1. Judgements: They have binding force and are without appeal for the parties concerned.
  2. Advisory Opinions are given on a legal question at the request of the body authorized by the UN Charter.

Limitations on Powers of ICJ

• Has no jurisdiction to deal with applications from individuals, NGOs, corporations or any other private entity.

• It cannot suo moto take up cases. It can only take up cases when requested by the States.
• It does not have jurisdiction to try individuals accused of war crimes or crimes against humanity.

Difference between ICJ and ICC