Understanding how international courts operate is essential for grasping how justice is administered beyond national borders. Two of the most important institutions in this field are the International Court of Justice (ICJ) and the International Criminal Court (ICC). Though both serve as pillars of international law, they have very different roles, jurisdictions, and functions. In this article, we’ll break down how each court works, their histories, the kinds of cases they handle, and how they influence global justice.
What Is the International Court of Justice (ICJ)?
The International Court of Justice, also known as the World Court, is the principal judicial organ of the United Nations. It was established in 1945 and began operating in 1946. The ICJ is based in The Hague, Netherlands, and is the only international court that settles disputes between countries, not individuals.
Jurisdiction and Role of the ICJ
The ICJ handles two types of cases:
- Contentious Cases – Legal disputes submitted by states. These can include disagreements over borders, maritime rights, diplomatic relations, and treaty interpretations.
- Advisory Opinions – Legal advice given to UN bodies and specialized agencies when they seek clarification on international legal questions.
Only countries that are members of the United Nations can bring cases to the ICJ, and both parties must agree to submit the case to the court. The ICJ’s decisions are legally binding, but it has no power to enforce them directly. It relies on the cooperation of the countries involved and the backing of the United Nations Security Council.
Structure and Judges of the ICJ
The ICJ is composed of 15 judges elected for nine-year terms by the United Nations General Assembly and the Security Council. The judges must represent the main legal systems of the world and are required to act independently, without influence from their home countries.
The court’s decisions are made by a majority vote, and in case of a tie, the president of the court casts the deciding vote.
Key Cases of the ICJ
Some well-known ICJ cases include:
- Nicaragua v. United States (1986) – Involving U.S. support for the Contras in Nicaragua.
- Bosnia and Herzegovina v. Serbia and Montenegro (2007) – Addressing allegations of genocide during the Yugoslav Wars.
- Ukraine v. Russia (ongoing) – Dealing with alleged violations of international conventions.
These examples highlight the ICJ’s role in maintaining peace and resolving complex international conflicts through legal means.
What Is the International Criminal Court (ICC)?
Unlike the ICJ, the International Criminal Court focuses on prosecuting individuals, not states. It was established in 2002 under the Rome Statute and is also located in The Hague. The ICC is an independent institution, not part of the United Nations system, although it cooperates with the UN.
Jurisdiction and Role of the ICC
The ICC has jurisdiction over four main crimes:
- Genocide
- Crimes Against Humanity
- War Crimes
- Crime of Aggression
The ICC only steps in when national courts are unwilling or unable to prosecute these crimes. It can try individuals regardless of their official position—heads of state are not immune.
Cases can be referred to the ICC by:
- A member state of the Rome Statute
- The UN Security Council
- The ICC Prosecutor’s own initiative (with court approval)
Structure and Judges of the ICC
The ICC is made up of 18 judges elected by the Assembly of States Parties. These judges come from different countries and legal systems to ensure diversity and impartiality.
In addition to judges, the court has:
- Office of the Prosecutor – Conducts investigations and prosecutes cases.
- Registry – Handles administrative functions, victim support, and outreach.
Key Cases of the ICC
Some of the most notable ICC cases include:
- Thomas Lubanga Dyilo (DR Congo) – Convicted of recruiting child soldiers.
- Jean-Pierre Bemba (Central African Republic) – Convicted of war crimes and later acquitted on appeal.
- Omar al-Bashir (Sudan) – Warrant issued for genocide and crimes against humanity (still at large).
These cases demonstrate the ICC’s mission to end impunity for the worst crimes known to humanity.
Differences Between the ICJ and the ICC
Here’s a quick comparison to help clarify their roles:
| Feature | ICJ | ICC |
|---|---|---|
| Founded | 1945 | 2002 |
| Based in | The Hague, Netherlands | The Hague, Netherlands |
| Focus | Disputes between states | Prosecution of individuals |
| Affiliation | United Nations | Independent |
| Types of Cases | Territorial disputes, treaty issues | Genocide, war crimes, etc. |
| Jurisdiction | Countries that consent | Individuals from member states or referred |
Challenges Faced by Both Courts
Despite their importance, both the ICJ and ICC face significant challenges:
- Enforcement – Neither court has direct enforcement power. They rely on state cooperation.
- Political Pressure – Cases can be influenced by global politics, especially when powerful countries are involved.
- Limited Jurisdiction – Not all countries recognize the authority of the ICC (e.g., the U.S., China, Russia have not ratified the Rome Statute).
- Lengthy Proceedings – International legal processes often take many years to reach conclusions.
Why These Courts Matter
Even with their limitations, the ICJ and ICC play a crucial role in maintaining international order. They provide a platform for peaceful dispute resolution and accountability for serious crimes. Without them, many conflicts might escalate, and victims of atrocities would have no voice.
International courts reinforce the idea that no one—whether a country or a person—is above the law. Their existence is a sign of progress in a world where justice knows no borders.