International Relations — Judicial Organisations
1. International Criminal Court (ICC)
BASIC INFORMATION
- Established: 1998 (Rome Statute)
- Headquarters: The Hague, Netherlands
- Member Countries: 123 countries
- It is the only permanent international criminal tribunal.
- It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community:
- Genocide
- War crimes
- Crimes against humanity
- Crime of aggression
- The Court has eighteen judges, each from a different member country, elected to non-renewable nine-year terms.
- India has neither signed nor ratified the Rome Statute of the International Criminal Court.
Jurisdiction of the ICC
- The ICC is only competent to hear a case if:
- The country where the offence was committed is a party to the Rome Statute; or
- The perpetrator's country of origin is a party to the Rome Statute.
- The ICC may only exercise its jurisdiction if the national court is unable or unwilling to do so.
- The ICC only has jurisdiction over offences committed after the Statute's entry into force on 1 July 2002.
INDIA AND ICC
- India has neither signed nor ratified the Rome Statute of the International Criminal Court.
- This means India is not a member of the ICC.
- The ICC cannot exercise jurisdiction over Indian citizens or crimes committed on Indian territory.
KNOWLEDGE NUGGET — ICC
- Established: 1998 (Rome Statute) | Headquarters: The Hague, Netherlands
- Members: 123 countries | India: Not a member (neither signed nor ratified)
- Only Permanent International Criminal Tribunal
- Crimes: Genocide, war crimes, crimes against humanity, crime of aggression
- Judges: 18 judges, non-renewable 9-year terms
- Jurisdiction: Only if national court is unable or unwilling
- Entry into Force: 1 July 2002
2. Permanent Court of Arbitration (PCA)
BASIC INFORMATION
- Established: 1899
- Headquarters: Peace Palace, The Hague, Netherlands
NEWS
Recently, India said it cannot be compelled to participate in "illegal" proceedings at the Permanent Court of Arbitration over the Kishenganga and Ratle hydropower projects.
Recently, India said it cannot be compelled to participate in "illegal" proceedings at the Permanent Court of Arbitration over the Kishenganga and Ratle hydropower projects.
- It is an intergovernmental organization dedicated to serve the international community in the field of dispute resolution, facilitate arbitration and other forms of dispute resolution between states.
- It has a three-part organizational structure consisting of:
- Administrative Council — to oversee its policies and budgets
- Members of the Court — a panel of independent potential arbitrators
- International Bureau — its Secretariat, headed by the Secretary-General
- Rulings are binding in nature. But, the PCA has no powers to enforce the rulings.
- It has a Financial Assistance Fund which aims at helping developing countries meet part of the costs involved in international arbitration or other means of dispute settlement offered by the PCA.
- There are no sitting judges for the organization. Parties select their arbitrators.
KNOWLEDGE NUGGET — PCA
- Established: 1899 | Headquarters: Peace Palace, The Hague
- Nature: Intergovernmental organization for dispute resolution
- Rulings: Binding but not enforceable by PCA
- No Sitting Judges: Parties select their arbitrators
- Financial Assistance Fund: Helps developing countries
- India-PCA Issue: Kishenganga and Ratle hydropower projects
3. Comparison: ICC vs PCA vs ICJ
| Feature | ICC | PCA | ICJ |
|---|---|---|---|
| Established | 1998 | 1899 | 1945 |
| Headquarters | The Hague | The Hague (Peace Palace) | The Hague (Peace Palace) |
| Nature | Permanent Criminal Tribunal | Arbitration/Dispute Resolution | Principal Judicial Organ of UN |
| Jurisdiction | Individuals (genocide, war crimes, crimes against humanity, aggression) | States (arbitration) | States (legal disputes) |
| Rulings | Binding | Binding (but not enforceable) | Binding |
| India's Status | Not a member | Member | Member (party to ICJ Statute) |
4. Summary: Judicial Organisations at a Glance
| Aspect | ICC | PCA |
|---|---|---|
| Established | 1998 (Rome Statute) | 1899 |
| Headquarters | The Hague, Netherlands | Peace Palace, The Hague |
| Members | 123 countries | Multiple states |
| Nature | Only permanent international criminal tribunal | Intergovernmental dispute resolution |
| Jurisdiction | Individuals (genocide, war crimes, crimes against humanity, aggression) | States (arbitration) |
| Judges | 18 judges, non-renewable 9-year terms | No sitting judges; parties select arbitrators |
| Rulings | Binding | Binding but not enforceable |
| India's Status | Not a member (neither signed nor ratified) | Member |
Key Takeaways for UPSC
- ICC: 1998 | The Hague | 123 members | India NOT a member | Crimes: Genocide, war crimes, crimes against humanity, aggression
- ICC Judges: 18 judges, non-renewable 9-year terms
- ICC Jurisdiction: Only if national court is unable or unwilling | Entry into force: 1 July 2002
- PCA: 1899 | Peace Palace, The Hague | Intergovernmental dispute resolution
- PCA: No sitting judges | Parties select arbitrators | Rulings binding but not enforceable
- India-PCA: India cannot be compelled to participate in "illegal" proceedings (Kishenganga and Ratle hydropower projects)
- ICJ: Principal judicial organ of UN | Established 1945 | India is a member
High-Yield Interactive UPSC Quiz (Judicial Organisations)
Q1. The International Criminal Court (ICC) was established through which treaty?
Correct Answer: C. The ICC was established through the Rome Statute, adopted in 1998 and entered into force on 1 July 2002.
Q2. The headquarters of the International Criminal Court is located in:
Correct Answer: B. The ICC is headquartered in The Hague, Netherlands, along with other international judicial bodies like the ICJ and PCA.
Q3. Which of the following is NOT a crime under the ICC's jurisdiction?
Correct Answer: C. Economic sanctions are NOT a crime under ICC jurisdiction. The ICC handles genocide, war crimes, crimes against humanity, and the crime of aggression.
Q4. India's status with respect to the ICC is:
Correct Answer: B. India has neither signed nor ratified the Rome Statute of the International Criminal Court, making India not a member of the ICC.
Q5. The Permanent Court of Arbitration (PCA) was established in which year?
Correct Answer: A. The Permanent Court of Arbitration (PCA) was established in 1899 and is headquartered at the Peace Palace in The Hague.
Q6. Which of the following is TRUE about the PCA?
Correct Answer: C. The PCA has no sitting judges. Parties select their own arbitrators. Rulings are binding but the PCA has no enforcement powers.
Q7. The ICC has how many judges?
Correct Answer: C. The ICC has 18 judges, each from a different member country, elected to non-renewable nine-year terms.
Q8. The ICC's jurisdiction only applies to offences committed after:
Correct Answer: B. The ICC only has jurisdiction over offences committed after the Rome Statute's entry into force on 1 July 2002.
Q9. The PCA's Financial Assistance Fund aims to help:
Correct Answer: C. The PCA has a Financial Assistance Fund which aims at helping developing countries meet part of the costs involved in international arbitration.
Q10. Recently, India objected to PCA proceedings over which projects?
Correct Answer: C. India said it cannot be compelled to participate in "illegal" proceedings at the PCA over the Kishenganga and Ratle hydropower projects.