ICC vs. ICJ

Attribute	ICC	ICJ
Full Name	International Criminal Court	International Court of Justice
Established	1998	1945
Headquarters	The Hague, Netherlands	The Hague, Netherlands
Primary Purpose	Prosecuting individuals for international crimes	Settling legal disputes between states
Membership	123 member states	193 member states
Jurisdiction	International criminal cases	Legal disputes between states
Number of Judges	18	15
Term Length for Judges	9 years	9 years
Official Languages	English, French	English, French

Introduction

The International Criminal Court (ICC) and the International Court of Justice (ICJ) are two prominent international judicial bodies that play crucial roles in the global legal landscape. While both institutions deal with international law, they have distinct mandates, structures, and functions. This article aims to compare the attributes of the ICC and ICJ, highlighting their similarities and differences.

Mandate

The ICC, established in 2002, is the first permanent international court with jurisdiction over individuals accused of genocide, crimes against humanity, war crimes, and the crime of aggression. Its primary goal is to bring justice to victims and prevent impunity for the most serious international crimes. On the other hand, the ICJ, founded in 1945, is the principal judicial organ of the United Nations (UN) and settles legal disputes between states. Its mandate includes interpreting international law, issuing advisory opinions, and resolving contentious cases.

Jurisdiction

The ICC's jurisdiction is limited to cases involving individuals accused of the aforementioned crimes, regardless of their nationality or the location of the crimes. It can only prosecute crimes committed after its establishment, and its jurisdiction is complementary to national courts, meaning it steps in when national authorities are unwilling or unable to prosecute. Conversely, the ICJ has jurisdiction over disputes between states that voluntarily submit to its authority. It can also hear cases referred to it by UN organs and specialized agencies.

Structure

The ICC consists of four main organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. The Presidency is responsible for the overall administration of the court, while the Judicial Divisions include the Trial Division, the Appeals Division, and the Pre-Trial Division. The Office of the Prosecutor investigates and prosecutes cases, and the Registry provides support services. On the other hand, the ICJ is composed of 15 judges elected by the UN General Assembly and Security Council for nine-year terms. It also has a President and a Registrar who oversee its functioning.

Appointments

The ICC's judges, prosecutor, and deputy prosecutor are elected by the Assembly of States Parties, which is made up of countries that have ratified the Rome Statute. The judges serve nine-year terms, and the prosecutor and deputy prosecutor serve nine-year and six-year terms, respectively. In contrast, the ICJ's judges are elected by the UN General Assembly and Security Council. Five judges are elected every three years, ensuring continuity in the court's composition.

Advisory Opinions

One of the unique functions of the ICJ is its ability to issue advisory opinions. When requested by UN organs or specialized agencies, the court provides non-binding legal advice on questions of international law. This allows the ICJ to contribute to the development and clarification of legal principles. The ICC, however, does not have the authority to issue advisory opinions, as its focus is primarily on criminal prosecutions.

Enforcement

Enforcement is a critical aspect of any judicial body's effectiveness. The ICC relies on the cooperation of states to arrest and surrender individuals accused of crimes within its jurisdiction. It does not have its own enforcement mechanism and relies on the support of member states to execute its arrest warrants. In contrast, the ICJ does not possess enforcement powers. Its judgments and decisions are binding, but it relies on the goodwill of states to comply with its rulings. The UN Security Council can, however, take measures to enforce ICJ decisions in certain cases.

Conclusion

In conclusion, while both the ICC and ICJ are international judicial bodies, they have distinct mandates, jurisdictions, structures, and functions. The ICC focuses on prosecuting individuals for serious international crimes, aiming to bring justice to victims and prevent impunity. On the other hand, the ICJ settles legal disputes between states and provides advisory opinions on international law. Understanding the attributes of these institutions is crucial for comprehending their roles in upholding international justice and maintaining peace and security in the world.