Differences Between the ICJ and the ICC

Differences Between the ICJ and the ICC

There are many differences between the International Court of Justice (ICJ) and the International Criminal Court (ICC), primarily in their jurisdiction, structure, and functions. The ICJ settles legal disputes between states, while the ICC prosecutes individuals for heinous international crimes.  

Feature	International Court of Justice (ICJ)	International Criminal Court (ICC)
Cases involve	Countries. Only states (countries) that are members of the UN can be parties in cases before the ICJ.	Individuals. The ICC has the authority to prosecute individuals accused of the most serious international crimes.
Purpose of cases	To settle disputes between states. The ICJ addresses state responsibility for alleged breaches of international law. It can also issue advisory opinions on legal questions referred by authorized UN bodies.	To prosecute criminal offenses. The ICC holds individuals accountable for crimes such as genocide, war crimes, and crimes against humanity.
Jurisdiction	Broad but consensual. The court can address any question of international law, including border disputes and diplomatic immunity. However, it can only hear a case if all involved states consent to its jurisdiction.	Specific and limited. The ICC's jurisdiction is limited to the four core crimes defined in its founding treaty, the Rome Statute.
Founding treaty	The UN Charter. The ICJ was established as a principal organ of the United Nations by the UN Charter in 1945.	The Rome Statute. The ICC was established by the Rome Statute, which entered into force in 2002.
Relationship to the UN	Integral part of the UN. The ICJ is the UN's primary judicial organ.	Legally independent of the UN. Though endorsed by the UN General Assembly, the ICC operates independently of the UN.
Outcomes	No criminal penalties. The ICJ's judgments can include ordering a state to cease illegal actions, pay compensation, or provide guarantees of non-repetition. There are no criminal convictions or prison sentences.	Criminal penalties. The ICC can impose prison sentences of up to 30 years, or life imprisonment in exceptional cases. It can also order fines and forfeitures.
Prosecutorial role	No prosecutor. The ICJ has no prosecutor, as cases are initiated by a state, not an individual, and are brought against another state.	Includes a prosecutor. The ICC has an Office of the Prosecutor, which is responsible for initiating investigations and conducting prosecutions.
Enforcement	Relies on the UN. While ICJ judgments are legally binding on the states involved, the court has no independent enforcement mechanism. Enforcement rests with the UN Security Council.	Relies on member states. The ICC relies on the cooperation of its member states to enforce arrest warrants and court orders.
Membership	Universal. As a UN organ, all 193 UN member states are automatically parties to the ICJ Statute.	Limited. Only the countries that have ratified the Rome Statute are members of the ICC. Some major nations, like the US, China, and Russia, are not members.
Victim involvement	Limited. A state may bring a claim on behalf of its national, but individuals and victims generally have no standing before the court.	Active. The ICC allows victims to participate in proceedings, and the court can order reparations for victims.