International Justice System
International Relation
International Criminal Court (ICC)
The International Criminal Court (ICC) is the first permanent international criminal tribunal that tries individuals for the gravest crimes — genocide, crimes against humanity, war crimes, and the crime of aggression.
- Established: 2002
- Headquarters: The Hague, Netherlands
- Governing Law: Rome Statute (entered into force in July 2002)
- India’s Status: Not a member (India did not sign the Rome Statute)
Objectives:
- Hold the world’s worst criminals accountable.
- Act as a court of last resort when national courts fail.
- Assist national judiciaries in prosecuting major crimes.
- Promote international peace by deterring future atrocities.
Despite global efforts, countries like India, China, and the USA are not part of ICC due to concerns over sovereignty, misuse of jurisdiction, and lack of clarity in defining crimes like aggression.
Permanent Court of Arbitration (PCA)
The Permanent Court of Arbitration (PCA) is an intergovernmental organization that provides a framework for arbitration and other forms of dispute resolution between states, international bodies, and even private parties.
- Established: 1899 (First Hague Peace Conference)
- Headquarters: The Hague, Netherlands
- India’s Membership: Since 1950
Objectives:
- Facilitate arbitration and conciliation in international disputes.
- Provide flexible mechanisms for legal conflict resolution.
- Handle disputes involving territorial claims, environment, investments, and treaty obligations.
India-Specific Cases:
- Kishanganga Arbitration with Pakistan under Indus Waters Treaty.
- Maritime Boundary Delimitation with Bangladesh in the Bay of Bengal.
PCA is not a court in the traditional sense. It forms arbitral tribunals for each case, where parties nominate their own arbitrators.
International Tribunal for the Law of the Sea (ITLOS)
ITLOS is an independent judicial body established to adjudicate disputes arising out of the United Nations Convention on the Law of the Sea (UNCLOS).
- Established: 1996
- Headquarters: Hamburg, Germany
- Legal Basis: UNCLOS (signed in 1982, enforced in 1994)
- India’s Status: Party to UNCLOS since 1995
Objectives:
- Settle disputes regarding maritime boundaries and Exclusive Economic Zones (EEZs).
- Ensure sustainable use and conservation of marine resources.
- Provide interpretation of legal issues under the Law of the Sea.
Structure:
- 21 judges elected for 9-year terms.
- Ensures equitable geographic representation.
- Cases are heard through various chambers like the Seabed Disputes Chamber.
ITLOS is one of the four dispute resolution bodies under Article 287 of UNCLOS, and India strongly supports its mandate due to strategic maritime interests.
United Nations Human Rights Council (UNHRC)
UNHRC is a UN body responsible for promoting and protecting human rights and fundamental freedoms globally.
- Established: 2006 (Replaced the UN Commission on Human Rights)
- Headquarters: Geneva, Switzerland
- India’s Status: Re-elected for the 2022–2024 term
Objectives:
- Promote universal respect for human rights.
- Address human rights violations and recommend solutions.
- Review human rights records through Universal Periodic Review (UPR).
- Provide capacity-building and technical assistance to member states.
Membership:
- 47 countries elected by the UN General Assembly.
- Each member serves a 3-year term.
- No immediate re-election after serving two consecutive terms.
The Office of the High Commissioner for Human Rights (OHCHR) serves as the Secretariat of the Council.
International Court of Justice (ICJ)
The International Court of Justice is the principal judicial organ of the United Nations and settles legal disputes between states and gives advisory opinions on legal issues.
- Established: 1945 (under UN Charter), operational since 1946
- Headquarters: Peace Palace, The Hague, Netherlands
- India’s Status: Active member with a history of judges serving on the bench
Objectives:
- Settle legal disputes between states in accordance with international law.
- Provide advisory opinions to UN organs and specialized agencies.
- Uphold principles of peaceful resolution and global justice.
Structure:
- 15 judges elected for 9-year terms by both UNGA and UNSC.
- All member states of the UN are parties to the ICJ Statute.
Indian Judges at ICJ:
- Dalveer Bhandari (2012–present)
- R.S. Pathak (1989–1991)
- Nagendra Singh (1973–1988)
- Sir Benegal Rau (1952–1953)
India’s Declaration on Jurisdiction:
India excludes ICJ jurisdiction in:
- Commonwealth disputes
- Domestic jurisdiction matters
- National security and armed conflict cases
- Cases involving international obligations or defence actions
ICJ decisions are binding on parties involved, but the court has no enforcement power; compliance depends on political will.
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Subject: International Relation
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