International Judicial Systems (ICJ & ICC)

What Are International Judicial Systems and Their Aims?

International judicial systems emerged as an institution to solve international problems between states and to prosecute individuals for important crimes such as war crimes, genocide, and crimes against humanity. They aim to contribute to the protection of global peace, justice, and human rights. 

How the International Judicial Systems Work?

International judicial systems aims are to solve the problems between countries and to hold the individuals responsible for certain crimes. They are consist of various courts but the most known ones are:

1. ICJ- International Court of Justice

2. ICC- International Criminal Court 

ICJ - International Court of Justice

ICJ (International Court of Justice) is the main judicial organ of the UN (United Nations). It was established in 1945 with the UN Charter. It is located in The Hague, Netherlands.

Its Purposes: 

1. To solve the legal issues between countries 

2. To provide legal advice and recommendations to UN members. 

How It Works?

1. Cases Between States:

One county files a lawsuit against another country that they consider guilty. The key point is that both states must have accepted the case before starting the judicial process.

2. Trial Process:

The judges decide the losing and winning parties after listening to their written and spoken evidence.

3. Decision Making and Implementation:

The final decisions are binding for the parties of the states. 

Only states can be sued and tried, the ICJ does not deal with individual cases or crimes. 

ICC - International Criminal Court

ICC (International Criminal Court) is an independent court that is responsible for prosecuting individual people because of the crimes they committed. It was established in 2002 with the Rome Status. It is located in The Hague, Netherlands.

Its Responsibilities:

1. Crimes of aggression

2. War crimes

3. Genocide

4. Crimes against humanity

How It Works?

1. Investigation Process Begins:

The process may begin both within the UN Security Council and one member state. A demand for an investigation can also be worded from a prosecutor itself. 

2. Summoning for Questioning or Arrest:

If there is enough evidence to arrest the suspect the suspect is arrested immediately, however if not he/she is called for questioning. 

3. Trial:

All people have the right of fair trial, therefore both witnesses and evidence are listened to and the judges do not give their final judgement before listening to the suspect. 

4. Verdict:

If the court decides that the victim is guilty, then the victim is sent to jail, and even lifetime imprisonment can be imposed. Compensations may be given to the victims. 

Only independent people can be judged such as military leaders or  prime ministers. 

The Importance of International Judicial Systems:

International judicial systems are really important for the world from the aspects of the importance of law, to protect human rights, and to ensure that international peace is maintained in the globalisating world. The main goals of these systems are not only protecting the peace, but also ensuring that no new conflicts and crimes occur with their deterrence. The importances of these courts and systems are:

• Solving International Disputes in a Peaceful Way:

The ICJ aims to solve international disputes using legal ways instead of wars. This decreases the risk of wars and makes diplomatic relationships stable. 

• Responsibility and Accountability:

The ICC was established to take action against serious human rights issues and take attention to the situation that even the high-ranking individuals must be accountable too. It shows the importance of responsibility and accountability.

• Justice for Victims:

Especially the decisions that ICC made are important for supporting victims’ rights, and making their experiences to be shown by the whole world on the international stage. 

Criticism and Challenges of International Judiciary Systems:

Although the ICJ and ICC are really important for the peace in the world, there are some serious political and strategic problems during the processes. These challenges may be shown in three specific ways:

1. Political Effects and Ethical Concerns:

People have some concerns about ICC, especially because it mostly sues people from African countries. People have a perception that ICC acts for the political sakes of Western countries. Even though these are some thoughts of some experts this hesitation hasn't  been proven. 

2. Limited Power:

The decisions that ICJ made are binding for all member states; however, the Security Council must guide the states so that they are complying with the decisions. This issue may lead to some problems when a process of sanction decision from the Security Council, especially for the countries with veto rights. If these countries use their veto rights the decision may be ineffective. At the same time, the judgments of İCJ opinions are not binding and have limited power, because it is a recommendation for the member states. 

3. Non-Member States: 

The countries that are not a member of ICC do not recognize the authority of the court. That means that the ICC is not able to judge the citizens of those countries. Some counties refuse to collaborate with the court and prevent the surrender to suspects as well. 

4. The Slow Process of the Court:

The cases may be held for years in ICC. It not only delays the punishment of the criminal, but also extends the time it takes the victim to reach justice. 

Who is the Father of International Law?

The thought of international law was first mentioned in the 17th century by 

 Grotius, a lawyer, diplomat, and philosopher from the Netherlands. He wrote a book called De Jure Belli ac Pacis ( On the Law of War and Peace) and by this book he was considered ‘’ the father of international law’’. He supported the idea that states also need to follow natural laws as individuals especially in war times. He emphasised that states should follow specialized laws to guide their relations in a legal way as well.

Mayra İpekçioğlu

References and Further Reading:

What is ICJ?                                             https://news.un.org/en/story/2024/01/1145392

What is ICC? https://www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/afet_04112008_icc/afet_04112008_iccen.pdf

ICJ v. ICC: https://www.congress.gov/crs-product/R48004#:~:text=While%20the%20ICJ%20Statute%20provides,humanity%2C%20war%20crimes%2C%20and%20the

Ethical Concerns of ICC: https://www.ethicsandinternationalaffairs.org/journal/the-iccs-potential-for-doing-bad-when-pursuing-good

Hugo Grotius: https://www.ebsco.com/research-starters/history/grotius-establishes-concept-international-law