International Courts Flashcards
ICJ origins
Successor to the Permanent Court of International Justice (League of Nations).
Established in 1945 as a UN organ (Art. 92-96).
ICJ Structure
Integrated into the UN Charter.
15 judges elected for 9 years by UNGA and UNSC (simple majority).
Registry functions as the Secretariat, supports the court’s functioning, diplomatic activities, and outreach.
ICJ Jurisdiction
Legal disputes between consenting states.
Advisory opinions on legal questions referred by UN organs and specialized agencies.
ICJ Consent and Enforcement
State consent required for case hearings.
Judgments legally binding but with no precedent.
No opportunity for appeal; enforcement through UN SC (Art. 94).
ICJ Sources of Law
International conventions, customary law, national legal systems, and judicial scholarship
ICJ Case Examples
Iran v. USA (2018): Alleged violation of the 1955 Treaty of Amity, Economic Relations, and Consular Rights.
Gambia v. Myanmar (2019): Application of the convention on the prevention and punishment of the crime of genocide.
ICJ Advisory Opinion (1962)
“Certain Expenses of the UN.”
Legal advice on financing the UN Congo mission.
Established separate budget for peacekeeping operations.
ICC Establishment
Rome Statute adopted in 1998 (120 countries).
Entry into force in 2002 after 60 ratifications.
2023: 123 states parties.
ICC Jurisdiction and Crimes
Investigates and prosecutes individuals.
Four specific crimes: war crimes, crimes against humanity, genocide, and crimes of aggression.
Complements national legal systems.
ICC Participants in Courtroom
Public gallery, witnesses, defense counsel, counsel for victims, prosecution, judges.
ICC Office of the Prosecutor
Examines situations for investigation (state party request, UN SC referral, prosecutor’s initiative).
Criteria for investigation include gravity of crimes, lack of national trial, and justice interests.
ICC Arrest Warrant or Summons
Issued by judges based on prosecutor’s request.
ICC relies on state cooperation for arrests.
ICC Judges
18 judges from different regions, legal systems, and genders.
Conduct proceedings, ensure fairness, decide innocence or guilt.
ICC Rights of the Defense
ICC ensures fair proceedings.
Presumption of innocence until proven guilty.
ICC Victims
Participate in proceedings with counsel.
Eligible for reparations and assistance from the trust fund for victims.
