ICJ AND ICC

International Court of Justice (ICJ)

International Criminal Court (ICC)

Formation 

Established in 1945 as the principal judicial organ of the UN.

Established in 2002 as an independent and permanent court.

Structure

Comprises 15 judges elected by the UN General Assembly and Security Council.

Consists of 18 judges elected by states parties to the Rome Statute.

Jurisdiction

Hears cases between states and provides advisory opinions. Individuals cannot be prosecuted directly by the ICJ.

Has jurisdiction over individuals for genocide, crimes against humanity, war crimes, and aggression. Has a complementary role to national criminal jurisdictions.

Applicability

Applicable to states that accept the ICJ's jurisdiction.

Applicable to individuals from states that are parties to the Rome Statute or referred by the UN Security Council.

Enforcement Mechanism

Lacks its enforcement mechanism; relies on the cooperation of states.

Employs the cooperation of member states for arrests and execution of sentences.

Example of Contribution

Settling the maritime dispute between Nicaragua and Colombia.

Issuing arrest warrants for individuals involved in the Darfur conflict, addressing impunity.

Criticism and Challenges

Criticized for limited enforcement capabilities and potential bias in favour of powerful states.

Faces challenges in executing arrest warrants, especially when dealing with non-cooperating states.

Global Impact

Contributes to the peaceful resolution of international disputes.

Advances the global fight against impunity and contributes to the development of international criminal law.

Example of Global Impact

Brokering peace in the Middle East, such as the Israel-Jordan Peace Treaty (1994).

Influencing the development of international criminal law through landmark cases like the Lubanga trial.