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INTERNATIONAL COURT OF JUSTICE (ICJ) AND INTERNATIONAL CRIMINAL

COURT (ICC)
DIFFERENCES AND SIMILARITIES

ICJ ICC
Year Established 1946 2002
Languages English, French English, French
UN-Relationship Official court of the UN Independent; may receive
commonly referred to as case referrals from UN
“World Court” Security Council;
Can initiate prosecutions
without UN action or
referral
Location The Hague, NL The Hague, NL
Jurisdictions Member-states individuals
Types of cases 1. Contentions Criminal prosecution of
between parties; individual
2. Advisory Opinions
Subject Matter  Sovereignty  Genocide
 Boundary disputes  Crimes against
 Maritime disputes humanity
 Trade  War crimes
 Natural resources  Crimes of
 Human rights aggression
 Treaty violations
 Treaty
interpretations
…and more
Authorizing Legal States that ratify the UN Rome Statute
Mechanism Charter become parties to
the ICJ Statute under Art.
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
Appeals NONE; the ICJ decision in Appeals Chamber; Art. 80
a contentious case is of the Rome Statute allows
binding upon parties. If a retention of an acquitted
state fails to comply with defendant pending appeal.
the judgment, the issue
may be taken to the UN
Security Council, which
has the authority to review,
recommend, and decide
upon enforcement.
Precedent No stare decisis. Prior No stare decisis. Prior
case law is persuasive case law is persuasive
authority authority

Funding UN-funded. Assessed contribution from


state parties to the Rome
Statute. Voluntary
contributions from the UN;
voluntary contributions
from governments,
international organizations;
individuals, corporations,
and other entities.