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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.
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