INTERNATIONAL COURT OF JUSTICE (ICJ)
- South Africa brought a case against Israel to the ICJ on December 29, under UN’s 1948 Genocide Convention. In its application, South Africa argued that Israel, in its ongoing Gaza assault, has transgressed from the provisions of Article 2 of the Convention. This article defines the term “genocide” to mean “acts committed with intent to destroy, wholly or partly, a national, ethnic, racial, or religious group”.
- The ICJ will eventually decide whether Israel is committing genocide or not — this may take years. But first, it will decide whether it has jurisdiction on this matter, and whether the alleged acts fall under the 1948 Convention.
- South Africa has also sought interim relief for the Palestinians, and asked the ICJ to order Israel to immediately suspend all military operations in Gaza, as an interim measure.
- The court is likely to rule on this in a matter of weeks. While the court’s rulings are legally binding, it has no way to enforce them. Nonetheless, its opinions carry weight with the UN and other international institutions
- The United Nations Convention on the Prevention and Punishment of the Crime of Genocide, commonly known as the Genocide Convention, was adopted by the United Nations General Assembly on December 9, 1948, and entered into force on January 12, 1951. It was one of the first major international treaties established in the aftermath of World War II, aiming to prevent and punish the crime of genocide.
- The Genocide Convention defines genocide as certain acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. The acts specified in the convention include killing members of the group, causing serious bodily or mental harm, deliberately inflicting conditions leading to the group's physical destruction, imposing measures to prevent births within the group, and forcibly transferring children from the group to another.
- The convention recognizes genocide as a crime under international law and obligates its signatories to prevent and punish acts of genocide. Signatory states are required to take measures within their jurisdiction to prevent and punish genocide, both in times of peace and during armed conflicts. Additionally, the convention established the International Court of Justice (ICJ) as the primary judicial organ for disputes related to its interpretation and application.
- The Genocide Convention remains a crucial international legal instrument for addressing and preventing the most egregious crimes against humanity. It has played a significant role in shaping the framework for international criminal law and promoting accountability for those responsible for genocide
4.What is International Court of Justice?
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in 1945 and began its activities in 1946. The ICJ is located in The Hague, Netherlands.
The main functions of the International Court of Justice include settling legal disputes between states and providing advisory opinions on legal questions referred to it by the UN General Assembly, the UN Security Council, or other specialized agencies and organs authorized by the UN. It is important to note that the ICJ only deals with legal disputes between states and does not have jurisdiction over individuals or non-state entities.
Key features of the International Court of Justice:
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Composition: The ICJ consists of 15 judges elected by the UN General Assembly and the UN Security Council. These judges serve nine-year terms, and the composition aims to represent a fair geographical distribution.
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Jurisdiction: The ICJ has two main types of jurisdiction:
- Contentious Jurisdiction: The ICJ hears cases between states that voluntarily submit their disputes to the Court. Both parties must agree to the Court's jurisdiction.
- Advisory Jurisdiction: The ICJ provides advisory opinions on legal questions referred to it by UN organs and specialized agencies. These opinions are advisory and not binding.
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Adjudication: The Court uses a range of legal principles, treaties, and customary international law to make its decisions. The judgments of the ICJ are final and binding on the parties involved in the case.
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Independence: The ICJ operates independently of the UN General Assembly and the UN Security Council in its judicial functions. It is intended to function as a separate judicial body.
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Role in International Law: The ICJ contributes to the development and clarification of international law through its judgments and advisory opinions. Its decisions are considered influential in shaping the principles of international law
| Aspect | International Criminal Court (ICC) | International Court of Justice (ICJ) |
|---|---|---|
| Establishment | Established in 2002 by the Rome Statute | Established in 1945 by the United Nations Charter |
| Nature | Criminal court with jurisdiction over individuals for serious crimes | Principal judicial organ of the United Nations, handles state disputes |
| Jurisdiction | Primarily focuses on individuals for crimes like genocide, war crimes, crimes against humanity, and aggression | Resolves legal disputes between states, gives advisory opinions |
| Membership | States become members by ratifying the Rome Statute | Open to UN member states; states must accept ICJ's jurisdiction |
| Prosecutorial Authority | Independent Prosecutor appointed by the Assembly of States Parties | No prosecuting authority; relies on disputing states to present cases |
| Adjudication | Adjudicates cases against individuals for criminal responsibility | Adjudicates disputes between states; provides advisory opinions |
| Composition | Judges elected by the Assembly of States Parties | 15 judges elected by the UN General Assembly and the UN Security Council |
| Location | The Hague, Netherlands | The Hague, Netherlands |
| Focus | Individual criminal responsibility | State-to-state disputes, advisory opinions |
| Binding Decisions | Decisions are binding on individuals and states | Judgments and opinions are binding only on the parties involved |
| Role in International Law | Enforces and develops international criminal law | Contributes to the development of general principles of international law |
| Relationship with the UN | Independent organization but cooperates with the UN | Principal judicial organ of the UN |
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For Prelims: Current events of national and international importance.
For Mains: General Studies II: Important International institutions, agencies and fora- their structure, mandate.
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