Context:
International Criminal Court (ICC) prosecutor seeks arrest warrants for Israel’s Prime Minister and Hamas leaders.
International Criminal Court (ICC):
- Permanent international court established to investigate, prosecute and try individuals accused of committing crime of genocide, crimes against humanity, war crimes and crime of aggression.
- ICC does not replace national criminal justice systems, rather, it complements them
- Headquarters – Hague, Netherlands.
- Established by – Rome Statute of ICC
- Membership – 124 countries are States Parties to Rome Statute of ICC.
- India is not a member along with US and China.
- Composition – 18 judges who serve 9-year, non-renewable terms.
ICC vs International Court of Justice:
| International Court of Justice (ICJ) | International Criminal Court (ICC) | |
| Established in | 1946 | 2002 |
| Authority derived from | States that ratify the UN Charter become parties to the ICJ Statute. Non-UN member states can also become parties to the ICJ by ratifying the ICJ Statute. | Rome Statute (Signed by 139 countries, and 123 have ratified it.) India is not a signatory to the Rome Statute. |
| Relationship with UN | Official Court of UN | Independent, UNSC may refer cases to ICC |
| Jurisdiction | UN Member States (i.e. National Governments) | Individuals |
| Deals with | Sovereignty, boundary disputes, maritime disputes, trade, natural resources, human rights, treaty violations, treaty interpretation, etc. | Genocide, crimes against humanity, war crimes, crimes of aggression. |
| Funding | By UN | Contribution from state parties to the Rome Statute, Voluntary contributions from the UN, governments, international organizations, individuals, corporations and other entities. |
| Nature of Judgement | Decision is binding on member states. | Rulings are not binding on any state, except parties. |
Related Article: International Court of Justice (ICJ)
Source: UN News
Previous Year Question
Consider the following statements:
1. The United Nations Convention against Corruption (UNCAC) has a ‘Protocol against the Smuggling of Migrants by Land, Sea and Air.
2. The UNCAC is the ever-first legally binding global anti-corruption instrument.
3. A highlight of the United Nations Convention against Transnational Organized Crime (UNTOC) is the inclusion of a specific chapter aimed at returning assets to their rightful owners from whom they had been taken illicitly.
4. The United Nations Office on Drugs and Crime (UNODC) is mandated by its member states to assist in the implementation of both UNCAC AND UNTOC.
Which of the statements given above are correct?
[UPSC Civil Services Exam – 2019 Prelims]
(a) 1 and 3 only
(b) 2, 3 and 4 only
(c) 2 and 4 only
(d) 1, 2, 3 and 4
Answer: (c)
Explanation:
The protocol against the smuggling of Migrants by land, sea and air comes under the United Nations Convention against Transnational Organized Crime (UNTOC) and not UNCAC. United Nations Convention Against Corruption (UNCAC) includes “Returning Assets to their rightful owners from whom they have been taken illicitly”.
