International Courts: Adjudicating Global Disputes
The International Court of Justice
The International Court of Justice (ICJ), also known as the World Court, is the primary judicial organ of the United Nations. Established in 1945, it adjudicates general international law disputes between states and provides advisory opinions on legal questions. Its decisions are binding on the parties to a dispute and make a significant contribution to the development of international law.
Jurisdiction and Role
The ICJ has jurisdiction over disputes that states agree to submit to it. States can also accept the ICJ's compulsory jurisdiction, which allows the Court to rule on disputes even without explicit consent. The Court's role is to interpret and apply international law, ensuring the peaceful resolution of disputes.
The International Criminal Court
The International Criminal Court (ICC) is an intergovernmental organization and tribunal that investigates and prosecutes individuals accused of serious international crimes, including genocide, war crimes, and crimes against humanity. Unlike the ICJ, the ICC does not adjudicate disputes between states but rather focuses on individual criminal responsibility.
Jurisdiction and Mandate
The ICC has jurisdiction over crimes committed by individuals within a member state or in a territory under its jurisdiction. However, the Court can only exercise its authority if the crime is within its jurisdiction and if the national justice system is unwilling or unable to prosecute it. The ICC's mandate is to deter and prevent serious international crimes and to ensure accountability for those responsible.
Comments