Distinguishing Between the International Criminal Court & the International Court of Justice

The International Court of Justice (ICJ) and the International Criminal Court (ICC) are two institutions focused on human rights and humanitarian law. Both are located in The Hague, Netherlands, and while they share some similarities, they differ in their jurisdiction.

Key Takeaways:

• The ICC is a permanent tribunal that prosecutes individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. It is legally and functionally independent from the United Nations (UN).
• The ICJ, or World Court, is the primary judicial organ of the UN, settling legal disputes submitted by states and providing advisory opinions on legal questions forwarded by authorized international organs, agencies, and the UN General Assembly.
• If a country is part of the UN, its citizens can go directly to the ICJ; if the country is not part of the UN, they are required to go to the ICC for further proceedings.

What is ICC?

The International Criminal Court (ICC) is a permanent tribunal created to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. It focuses on human rights and humanitarian law. The ICC has opened investigations in five situations to date: Northern Uganda, the Democratic Republic of the Congo, the Central African Republic, Darfur (Sudan), and the Republic of Kenya. Its jurisdiction includes crimes within the court’s jurisdiction, territorial jurisdiction, temporal jurisdiction, and complementary. The ICC is legally and functionally independent from the United Nations (UN).

What is ICJ?

The International Court of Justice (ICJ), or World Court, is the primary judicial organ of the UN, settling legal disputes submitted by states and providing advisory opinions on legal questions forwarded by duly authorized international organs, agencies, and the UN General Assembly. Cases before the ICJ follow a standard procedure in which the case is lodged by the applicant, who files a written memorial setting out the basis of the Court’s jurisdiction and the merits of its claim.

What is the difference between ICC and ICJ?

The main difference between the two courts is their jurisdiction. If a country is part of the UN, its citizens can go directly to the ICJ; if the country is not part of the UN, they are required to go to the ICC for further proceedings. Both courts help facilitate criminal investigations and proceedings, but they serve different purposes and populations.