International

Courts

ICC

ITLOS

Established to end
impunity for the
perpetrators of the most
serious crimes

Adjudicates disputes
arising out of the
interpretation and
application of the
UNCLOS

Established by the Rome

statute and entered into force
on 1 July 2002, the ICC may
prosecute cases concerning war
crimes, crimes against
humanity, genocide and crimes
of aggression.
It is however a court of last
resort which only steps in when
the countries involved are
unable or unwilling to try
criminals in their own national
systems.
As of January 2015, 123
countries are parties to the
Statute.

The tribunal has both

contentious and advisory
jurisdiction over the following
disputes concerning:
(a) the interpretation of the
Convention;
(b) the interpretation of
international
agreements in
accordance with the
Convention;
(c) interpretation of treaties
covered by the
Convention.

Group 3

Bance, Shayne
Guigayoma, Angeline
Madale, Reezah
Pangader, Abdul
Quicoy, Czarmaine
Tabimina, Iris

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ICJ v. ICC
As to creation
ICJ is created by the UN
Charter while the ICC is created by
the Rome Statute.

As to who may appear as parties

International Court of Justice

Established in 1945 by the United Nations
Charter, the International Court of Justice is the
principal judicial organ of the UN.
The ICJ is composed of 15 judges voted by
the UN GA and the Security Council. No two
members may belong to the same state. Once
elected, a member of the Court is entitled to the
same immunities as a head of diplomatic mission.
It may take cognizance of the following cases:
(a) the interpretation of a treaty;
(b) any question of international law;
(c) breach of an international obligation
(d) reparation for such breach.
The Court however may only entertain
disputes if the States concerned have shown their
acceptance of its jurisdiction either by:

(a) special agreement;

(b) jurisdictional clause; or
(c) reciprocal effect of declarations made by
them under the Statute.
Proceedings before the ICJ may be instituted
either through (a) notification of a special
document; or (b) by means of application.
Members of the UN are mandated to comply
with the decisions of the Court involving them. If
parties do not comply, the issue may be taken
before the UN Security Council for enforcement
action.
The ICJ however suffers mostly from the fact
that while its jurisdiction is termed compulsory,
it may only exercise jurisdiction over disputes
when the State parties have consented to the same.

Only state parties may

appear before the ICJ; while state
parties and other entities may appear
before the ICC.

As to cases cognizable
ICJ exercises jurisdiction
only over the following: (a)
interpretation of a treaty, (b) any
question of international law, (c)
breach of obligation, and (d)
reparation for such breach.
While
the
ICC
has
jurisdiction over the following: (a)
war crimes, (b) crimes against
humanity, (c) genocide, and (d)
crimes of aggression.

As to binding effect of decisions

ICJ decisions are binding
only upon parties concerned; while
ICC decisions may extend to all UN
members
when
the
Courts
jurisdiction is triggered by the UN
Security Council.