1.

ICJ
a. Summarize the jurisdiction of the ICJ.

The International Court of Justice (henceforth referred to as ICJ)

is a United Nations (UN) judicial agency based in The Hague,
Netherlands. It was established in 1945 on the basis of the United
Nations Charter and held its first session in 1946. The principal duty of
the ICJ is to decide international disputes. According to Article 92 of the
UN Charter, the ICJ Statute is part of the PCIJ (Permanent Court of
International Justice) Statute. The International Court of Justice's
jurisdiction is the authority granted to it by international law to determine
and create a rule of law. The International Court of Justice Statute
specifies the procedure for proceedings in the International Court of
Justice, henceforth referred to as the Court, as specified in Chapter III,
Procedure, excerpted from Article 39. The official languages of the
Court will be French and English1, according to paragraph (1) of the
Article. It is mentioned as an optional condition that if the parties agree
that the matter will be heard in France, the decision will be rendered in
French. If the parties agree to conduct the matter in English, the decision
must be presented in English as well. It is further controlled in paragraph
(2) of Article 39, which states that in the absence of agreement on the
language to be used, each party may use the language of his or her choice
in defense. The Court's decision, however, must be issued in both French
and English. In this scenario, the Court will decide which of the two texts
will be regarded authoritative at the same time. However, in paragraph
(3), it is stated that the Court will exercise its jurisdiction to designate a
language other than French or English for the parties to utilize if they so
request.

b. What type of cases can be brought before the ICJ?

 Article 36 paragraph (1) of the Statute of the International Court
of Justice states that:
"The powers of the Court shall extend to all cases brought by the
parties and all matters particularly those provided for in the Charter of
the United Nations or in applicable treaties and conventions."
Based on these provisions, the ICJ can accept all types of
disputes that are submitted for settlement to the ICJ. However, the
disputing parties must agree on matters determined by the ICJ as
stipulated in Article 36 paragraph (2) to paragraph (6) of the Statute of
the International Court of Justice which states as follows:

2. The States party to this Statute may declare at any moment, ipso facto
and without specific permission, in reference to any other State that
accepts the same duty, that they acknowledge the Court's jurisdiction in
any legal matters concerning:
1) Interpretation of an agreement;
2) Any issues of international law;
3) The existence of a fact which, if it becomes evident, will result in a
violation of international obligations;
4) The nature or magnitude of the reimbursement to be made due to a
breach of an international obligation;

3. The above-mentioned statements may be made unconditionally or

with reciprocal conditions for several countries, certain countries, or for
a specific period of time;

4. Such statements shall be deposited with the Secretary-General of the

United Nations, who shall forward copies to the Statute's parties and the
Registrar of the Court;

5. Declarations made in accordance with Article 36 of the Statute of the

Permanent Court of International Justice and still in force shall be
deemed valid between the parties to this statute as acceptance of the
 International Court of Justice's binding jurisdiction for the duration of
their validity and in accordance with the terms of the declaration. the;

6. In the case of a jurisdictional conflict, the Court's decision will settle

the subject.
According to these rules, the ICJ's jurisdiction is decided by the
topic of the dispute and the kind of dispute, as specified in Articles 34
and 36 of the International Court of Justice Statute.

c. What is meant by consensual jurisdiction of the ICJ?

The international court has a principle of consensual jurisdiction,

which means it will only accept cases if both the defendant and the
accused agree to submit the matter to the court. While acknowledging
sovereignty and governmental discretion, this ideology restricts the
court's jurisdiction in a number of ways. According to Article 36 (2) of
the International Court of Justice Statute, states may choose to submit to
the court's mandatory jurisdiction or retain their right to do so in
exceptional situations. Currently, only 74 of the UN's 193 member states
acknowledge the ICJ's mandatory authority. Out of the Security
Council's five permanent members, only the United Kingdom has
accepted it. The policy of consensual jurisdiction was designed with the
sovereignty of member states in mind. Nothing in an international system
can compel states to collaborate or subject themselves to a higher
authority because there is none. As a result, making the court's power
optional was the only way to persuade governments to accept it. This
allows states to opt out of being subject to the court's jurisdiction
whenever they see fit. The need to observe the court's jurisdiction is
simply that: an obligation.

d. What is meant with voluntary jurisdiction of the ICJ

 That is, any international legal issue involving those states may
be filed to the Court, provided that all parties to the matter before the ICJ
have accepted the Court's obligatory jurisdiction.
2. ICC

a. Summarize the jurisdiction of ICC

As of 17 July 2018, the Security Council may submit to the Court a

scenario in which an act of hostility appears to have happened. The
Prosecutor may initiate an investigation on her own initiative or at the
request of a State Party. The Court lacks jurisdiction over an act of
aggression committed by a person or on the territory of a state that has not
ratified or accepted revisions to the United Nations Charter.  Under current
international law, any state whose territory has seen genocide, war
crimes, or crimes against humanity, or whose citizens have been victims
of such crimes, has the right and is legally required to investigate and
prosecute anybody accused of committing such crimes. A well-
established rule of international law is that an international tribunal
cannot exercise jurisdiction over non-party states.

b. What type of cases can be brought before the ICC?

The ICC only has jurisdiction over four sorts of crimes: genocide,
crimes against humanity, and crimes of aggression. These four have the
same qualities in that they are carried out on a large or huge scale in a
methodical manner. Genocide, in particular, has the distinct feature of
eliminating or destroying all or part of a national, racial, ethnic, or
religious group. No action was taken to dismantle or eliminate any of
these groups in the wake of the shooting of FPI members. Meanwhile,
crimes against humanity necessitate that something be done as part of a
broad or systematic attack on civilians. In other words, a single
occurrence cannot constitute a crime against humanity.
 c. Who can bring a case to the ICC and who can be put on trial?

The ICC can only investigate and prosecute "natural people"

above the age of 18. The International Criminal Court (ICC) does not
have the authority to investigate or punish governments, enterprises,
political parties, or rebel movements, but it can examine individuals who
are members of such. Furthermore, the ICC can only exercise
jurisdiction over nationals of governments that have delegated power to
the Court (e.g. State Party; non-State Party that consents to jurisdiction
or was referred by the UN Security Council). The Rome Statute requires
that an accused offense be a war crime, a crime against humanity, or
genocide. The case cannot be considered before the ICC if the suspected
offense does not fall under one of these categories. The purpose of the
criminal and the environment in which the crime occurred frequently
influence how a crime is classified.

REFERENCES

Basic Documents of the International Court of Justice, Accessible at http://www.icj-

cij.org/documents/index.php?p1=4 Rules of Court, Basic Documents of the
International Court of Justice, Accessible at
http://www.icj-cij.org/documents/index.php?p1=4

https://www.icc-cpi.int/about/how-the-court-works

https://www.icj-cij.org/en/basis-of-jurisdiction