International Court of Justice vs. International Criminal Court

Attribute	International Court of Justice	International Criminal Court
Established	1945	2002
Location	The Hague, Netherlands	The Hague, Netherlands
Jurisdiction	Settles disputes between states	Prosecutes individuals for war crimes, genocide, crimes against humanity
Number of judges	15	18
Appointed by	UN General Assembly and Security Council	States parties to the Rome Statute

Overview

The International Court of Justice (ICJ) and the International Criminal Court (ICC) are two distinct entities within the realm of international law. While both courts play crucial roles in upholding justice on a global scale, they have different mandates, structures, and functions. Understanding the attributes of each court is essential for grasping their significance in the international legal landscape.

Mandate

The ICJ, often referred to as the World Court, is the principal judicial organ of the United Nations. It settles legal disputes between states and gives advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. The ICJ primarily deals with cases involving violations of international law by states.

On the other hand, the ICC is a permanent international tribunal established to prosecute individuals for the most serious crimes of international concern, such as genocide, war crimes, crimes against humanity, and aggression. The ICC complements national judicial systems and can only intervene when national courts are unwilling or unable to prosecute such crimes.

Structure

The ICJ is composed of 15 judges elected by the UN General Assembly and the Security Council for nine-year terms. The judges represent a diverse range of legal systems and are expected to act impartially in their capacity as members of the Court. The ICJ also has a President and Vice-President elected for three-year terms.

Conversely, the ICC has 18 judges elected by the Assembly of States Parties for nine-year terms. The judges are divided into three chambers: Pre-Trial, Trial, and Appeals. The ICC also has a Prosecutor and Deputy Prosecutor who are responsible for investigating and prosecuting cases brought before the Court.

Functions

The ICJ primarily functions as a judicial body that settles disputes between states and provides advisory opinions on legal questions. Its decisions are binding and serve as authoritative interpretations of international law. The ICJ aims to promote peaceful resolution of conflicts and uphold the rule of law in the international community.

On the other hand, the ICC functions as a criminal court that prosecutes individuals for international crimes. The ICC investigates, prosecutes, and tries individuals accused of committing genocide, war crimes, crimes against humanity, and aggression. The ICC aims to hold perpetrators of these crimes accountable and provide justice to victims.

Jurisdiction

The ICJ has jurisdiction over disputes between states that have accepted its compulsory jurisdiction. States can submit cases to the ICJ voluntarily or through special agreements. The ICJ can also provide advisory opinions on legal questions at the request of authorized UN organs and specialized agencies.

Conversely, the ICC has jurisdiction over individuals accused of committing the most serious crimes of international concern. The ICC's jurisdiction is complementary to national courts, meaning it can only intervene when national courts are unwilling or unable to prosecute such crimes. The ICC can investigate and prosecute individuals from states that are parties to the Rome Statute, the treaty that established the Court.

Conclusion

In conclusion, the ICJ and the ICC are two important institutions in the field of international law, each with its own mandate, structure, functions, and jurisdiction. While the ICJ focuses on settling disputes between states and providing advisory opinions on legal questions, the ICC is dedicated to prosecuting individuals for the most serious crimes of international concern. Both courts play crucial roles in upholding justice and promoting the rule of law on a global scale.