Thursday, January 7, 2010

ICJ v. International Criminal Court (ICC)

ICJ...ICC...which one has jurisdiction?!  Simply stated, the International Court of Justice (ICJ) settles disputes between countries (i.e. Belgium vs. Switzerland) and the International Criminal Court (ICC) tries individuals for the gravest of human rights violations: genocide, crimes against humanity and war crimes. Whereas the ICJ was one of the original organs born in 1945 as successor to the Permanent Court of International Justice (under the LoN), the ICC came to fruition just on July 1, 2002.  Both are, however, headquartered in The Hague, Netherlands, but the ICC can try people anywhere.

From the ICJ web site regarding jurisdiction: "The Court has a dual jurisdiction : it decides, in accordance with international law, disputes of a legal nature that are submitted to it by States (jurisdiction in contentious cases); and it gives advisory opinions on legal questions at the request of the organs of the United Nations or specialized agencies authorized to make such a request (advisory jurisdiction)."

Article 93 of the UN Charter: "All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice".
List of cases: http://www.icj-cij.org/docket/index.php?p1=3&p2=2&lang=en

From the ICC web site regarding jurisdiction: "Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any State Party or from the United Nations Security Council. In addition, the Prosecutor can initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court received from individuals or organisations (“communications”)."

ICC Signatories with(green)/without(orange) ratification (from Wikipedia):
Cases:
Uganda (2004 - )
Democratic Republic of Congo (2004 - )
Central African Republic (2007 - )
Sudan (2005 - )
Kenya (2010 - )

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