International Law Blog Postings
:: All Postings >>
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
Background Fact Sheet
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) |
|---|---|---|
| Website | icj-cij.org | icc-cpi.int |
| 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. |
| Online Archives | 1946-present | 2002-present |
| 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.
Today's Photo
view larger image
view larger image
Recently Added
- Legal Implications of Nearshore Outsourcing to Mexico
- The Evil Dictator's Guide to Genocide: Deliberate Infectious Disease Spread
- SOLON War Crimes Conference - Retrospectives and Prospects
- More blog posts ⇒
Call for Papers
Popular Categories
Legal Resources
Contact
Archives
| Mon | Tue | Wed | Thu | Fri | Sat | Sun |
|---|---|---|---|---|---|---|
| << < | > >> | |||||
| 1 | 2 | 3 | ||||
| 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| 18 | 19 | 20 | 21 | 22 | 23 | 24 |
| 25 | 26 | 27 | 28 | 29 | 30 | 31 |
Legal News Headlines
Aegis Report: The Enforcement of International Criminal LawThis report is a collection of essays by 8 authors, edited by Nick Donovan. It recommends a new convention on crimes against humanity to support greater harmonization across the domestic laws of states reluctant to join the ICC. It also recommends greater use of extra-territorial jurisdiction. The foreward by Justice Richard Goldstone states that these essays provide guidance to NGOs on possible future efforts to end impunity.
ASIL Discussion Paper: "Promises Not To Torture"
Ashley Deeks discusses the use of diplomatic assurances in U.S. courts In particular, the United States repeatedly has found itself in litigation about custodial transfers and the use of assur- ances. Courts now are pushing back in each scenario, even when the legal basis to do so is weak, and the U.S. government has lost a number of cases.
