Comparison of the ICJ and the ICC
10 November 08 Inside Justice ® Renee Dopplick Tags: Background, Fact Sheets, International Criminal Law Last updated: 28 January 09
Comparison of the ICJ and the ICC
Question: What are the similarities and differences between the International Court of Justice (ICJ) and the International Criminal Court (ICC)?
Answer: Below is a side-by-side comparison of the two international courts. More information about each of the two courts can be found on the UN Courts and Tribunals page.
|Feature||International Court of Justice (ICJ)
La Cour Internationale de Justice (CIJ)
|International Criminal Court (ICC)
La Cour pénale internationale (CPI)
|Year Court Established||1946||2002|
|Languages||English, French||English, French|
|UN-Relationship||Official court of the U.N., commonly referred to as the "World Court."||Independent. May receive case referrals from the UN Security Council. Can initiate prosecutions without UN action or referral.|
|Location||The Hague, The Netherlands||The Hague, The Netherlands|
|Jurisdiction||U.N. member-states (i.e. national governments)||Individuals|
|Types of Cases||(1) Contentious between parties, (2) Advisory opinions||Criminal prosecution of individuals|
|Subject Matter||Sovereignty, boundary disputes, maritime disputes, trade, natural resources, human rights, treaty violations, treaty interpretation, and more.||Genocide, crimes against humanity, war crimes, crimes of aggression|
|Authorizing Legal Mechanism||States that ratify the U.N. Charter become parties to the ICJ Statute under Article 93. Non-UN member states can also become parties to the ICJ by ratifying the ICJ Statute. Each state must provide consent to any contentious case by explicit agreement, declaration, or treaty clause.||Rome Statute|
|Appeals||None. The ICJ decision in a contentious case is binding upon the parties. If a State fails to comply with the judgment, the issue may be taken to the UN Security Council, which has the authority to review, recommend, and decide upon enforcement.||Appeals Chamber. Article 80 of the Rome Statute allows retention of an acquitted defendant pending appeal.|
|Precedent||No stare decisis. Prior case law is persuasive authority.||No stare decisis. Prior case law is persuasive authority.|
|Funding||UN-funded.||Assessed contribution from state parties to the Rome Statute; voluntary contributions from the U.N.; voluntary contributions from governments, international organizations, individuals, corporations and other entities.|
|Budget||2006-2007 $36.8 million|| 2007 €88.87 million
2008 €90.4 million
2009 €106.2 million (roughly US$136 million)
Read more about the various UN Courts and Tribunals.
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