The Hague-based court said there were "reasonable grounds" to believe Supreme Leader Haibatullah Akhundzada and chief justice Abdul Hakim Haqqani had committed a crime against humanity in their treatment of women and girls since seizing power in 2021.
1. International Criminal Court (ICC)
- Establishment: The ICC was established by the Rome Statute in 1998 and came into force on 1 July 2002.
- Purpose: It is the first permanent international criminal court that prosecutes individuals for genocide, crimes against humanity, war crimes, and aggression.
- Jurisdiction: It tries individuals, not states, and only acts when national courts are unwilling or unable to prosecute.
- Headquarters: The Hague, Netherlands.
- India’s Status: India is not a member of the ICC as it has not ratified the Rome Statute. India has concerns over the court’s jurisdiction and sovereignty issues.
Key Features:
- The ICC is not a UN organ but works in cooperation with the UN.
- It has 125 member states (as of June 2025).
- The Office of the Prosecutor (OTP) investigates crimes independently.
- Notable cases: Investigations in Darfur (Sudan), Ukraine (Russia’s war crimes), and Myanmar (Rohingya crisis).
2. International Court of Justice (ICJ)
- Establishment: The ICJ was established in 1945 under the United Nations Charter as the principal judicial organ of the UN.
- Purpose: It settles legal disputes between states (not individuals) and gives advisory opinions on international legal issues.
- Jurisdiction: Only states can be parties to cases, and its rulings are binding.
- Headquarters: The Hague, Netherlands.
- India’s Status: India is a member of the ICJ as it is part of the UN. Justice Dalveer Bhandari (from India) served as a judge at the ICJ (2012–2024).
Key Features:
- Also known as the "World Court".
- Composed of 15 judges elected for 9-year terms by the UNGA and UNSC.
Notable cases:
- Kulbhushan Jadhav case (India vs. Pakistan, 2019) – ICJ ruled Pakistan violated Vienna Convention.
- South Africa vs. Israel (2024) – Allegations of genocide in Gaza.
India’s Position
- India supports international justice but has concerns over ICC’s selective justice (e.g., focus on African nations).
- India prefers multilateral approaches (e.g., via UNSC) rather than ICC’s independent prosecutions.
Both courts are crucial in maintaining international rule of law, but their functions, jurisdictions, and India’s engagement with them differ significantly.
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