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Paper 3 Global · 2023 · 12 marks
Examine the differences between the International Court of Justice and the International Criminal Court.
Global Governance / Human Rights
Mark scheme: agreement
Criminal Court. The ICC investigates and punishes people for genocide, crimes against humanity and war crimes whereas the ICJ settles disputes between countries. Clearly the two courts cover different areas of law and each court has a remit which excludes it from the area covered by the other court with the ICC covering criminal matters and the ICJ covering civil matters. The ICJ was created with the formation of the United Nations and as part of the United Nations whereas the ICC was created in 2002 with Security Council members able to refer cases. The ICJ is clearly a component part of the United Nations and the primary judicial branch of the United Nations whereas the ICC has a greater independence from the United Nations . The ICC is made up of approximately 123 countries (2020) and the ICJ is made up of all members of the United Nations. The ICJ, covering all UN member states, has a wider jurisdiction than that of the ICC. The USA is not a member of the ICC but is a member of the ICJ and has held the presidency of the court. The ICJ benefits from engagement from the global Hegemon whilst the ICC has a weakened authority with the USA not engaging. In 2021 there were 42 states which had neither signed nor become parties to the Rome Statute which established the ICC, non-members include China, India and Saudi Arabia as well as Russia which withdrew its signature. The ICC has a weakened legitimacy and ability to function globally when compared with the ICJ which has universal membership and almost complete acceptance of decision making.
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