INTERNATIONAL CRIMINAL COURT (Syllabus: GS Paper 2 – International Relations)

Context: The International Criminal Court (ICC) recently disclosed a hacking incident, a breach at one of the world’s most high profile international institutions.

International Criminal Court (ICC):

• Establishment: In 2002 pursuant to the multilateral Rome Statute.
• Headquarter: The Hague, Netherlands.
• About: It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimeslike - genocide, crimes against humanity, war crimes and the crime of aggression.
• Members: 123 countries. Countries like – India, China and Pakistan have not signed the treaty and not a party.
• Jurisdiction: The ICC’s jurisdiction is limited only to natural persons (unlike the International Court of Justice, which hears disputes between states) with minimum age of the alleged perpetrator should be 18 years at the time of the commission of the crime.
• Relation with UN: The ICC is not part of the UN. The Rome Statute was negotiated within the UN; however, it created an independent judicial body distinct from the UN.

Difference with International Court of Justice (ICJ):

• Established: In 1945 under the UN Charter.
• Headquarter: Hague, Netherlands.
• Function: To settle legal disputes between states and to provide advisory opinions on legal questions referred to it by UN bodies and specialized agencies. Every year the Court submits a report on its activities to the United Nations General Assembly.
• Composition: The Court is composed of 15 judges elected by the UN General Assembly and the UN Security Council (UNSC).

o Judges are elected for a 9 years term and can be re-elected. Elections are staggered, with 5 judges elected every 3 years to ensure continuity within the court.