<h4>Understanding International Justice Bodies</h4><p>The global legal landscape features several institutions dedicated to upholding international law and justice. Among the most prominent are the <strong>International Criminal Court (ICC)</strong> and the <strong>International Court of Justice (ICJ)</strong>. While both operate under international law, their mandates, jurisdictions, and functions differ significantly.</p><div class='key-point-box'><p>It is crucial for UPSC aspirants to distinguish clearly between the <strong>ICC</strong> and the <strong>ICJ</strong>, as questions often test their specific roles and areas of operation.</p></div><h4>Key Differences: ICC vs. ICJ</h4><p>The fundamental distinction lies in who they prosecute and what types of cases they hear. The <strong>ICC</strong> deals with individuals for international crimes, while the <strong>ICJ</strong> resolves disputes between states.</p><table class='info-table'><tr><th>Feature</th><th>International Criminal Court (ICC)</th><th>International Court of Justice (ICJ)</th></tr><tr><td><strong>Establishment</strong></td><td>Established by the <strong>Rome Statute (1998)</strong>, which entered into force in <strong>2002</strong>. It is an independent international organization.</td><td>Established in <strong>1945</strong> by the <strong>Charter of the United Nations</strong>. It began work in <strong>1946</strong> as the principal judicial organ of the <strong>UN</strong>.</td></tr><tr><td><strong>Relationship to UN</strong></td><td>Not part of the <strong>United Nations</strong> system, though it has a cooperation agreement with the <strong>UN</strong>.</td><td>The principal judicial organ of the <strong>United Nations</strong>. All <strong>UN</strong> member states are automatically parties to the <strong>ICJ Statute</strong>.</td></tr><tr><td><strong>Parties Involved</strong></td><td>Prosecutes <strong>individuals</strong> (persons) for the most serious international crimes.</td><td>Resolves legal disputes between <strong>states</strong> (countries).</td></tr><tr><td><strong>Jurisdiction (Subject Matter)</strong></td><td>Jurisdiction over <strong>genocide</strong>, <strong>crimes against humanity</strong>, <strong>war crimes</strong>, and the <strong>crime of aggression</strong>.</td><td>Jurisdiction over disputes concerning <strong>international law</strong>, including treaties, customary international law, and general principles of law. Also provides <strong>advisory opinions</strong>.</td></tr><tr><td><strong>Jurisdiction (Consent)</strong></td><td>Jurisdiction applies to crimes committed in the territory of a <strong>State Party</strong> or by a national of a <strong>State Party</strong>. A case can also be referred by the <strong>UN Security Council</strong>.</td><td>Jurisdiction is based on the <strong>consent of states</strong> involved in the dispute. Consent can be given via special agreement, treaty provisions, or optional clause declarations.</td></tr><tr><td><strong>Seat</strong></td><td>Located in <strong>The Hague, Netherlands</strong>.</td><td>Located in <strong>The Hague, Netherlands</strong> (Peace Palace).</td></tr><tr><td><strong>Applicable Law</strong></td><td>Applies the <strong>Rome Statute</strong>, elements of crimes, and general principles of law derived from national legal systems.</td><td>Applies <strong>international conventions</strong>, <strong>international custom</strong>, general principles of law, and judicial decisions/teachings of publicists.</td></tr><tr><td><strong>Enforcement</strong></td><td>Relies on cooperation from <strong>State Parties</strong> for arrests, evidence collection, and enforcement of sentences.</td><td>Its judgments are binding on the parties concerned and are final. The <strong>UN Security Council</strong> can enforce judgments, but its power is subject to the veto of permanent members.</td></tr></table><h4>Mandate and Purpose</h4><p>The <strong>ICC's</strong> primary mandate is to end impunity for perpetrators of the most serious crimes of concern to the international community. It acts as a court of last resort, intervening only when national courts are unwilling or unable to genuinely carry out investigations or prosecutions.</p><p>The <strong>ICJ's</strong> purpose is to settle, in accordance with international law, legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.</p><div class='exam-tip-box'><p>Remember that <strong>India</strong> is not a signatory to the <strong>Rome Statute</strong> of the ICC, primarily due to concerns over state sovereignty and the definition of 'aggression'. This is a frequent point of inquiry in <strong>UPSC Mains</strong>.</p></div>