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The International Criminal Court (ICC) prosecutes individuals accused of certain international crimes. The International Court of Justice (ICJ) decides legal disputes between States and gives advisory opinions on legal questions referred by authorized bodies. The ICJ does not try individuals accused of crimes.
ICC vs. ICJ at a glance
| Question | International Criminal Court (ICC) | International Court of Justice (ICJ) |
|---|---|---|
| What does it do? | Investigates and, where warranted, prosecutes and tries individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. | Resolves legal disputes between States and gives advisory opinions on legal questions referred by authorized bodies. |
| Who is before it? | Individuals accused of crimes. States are not criminal defendants before the ICC. | States alone may be parties in contentious cases. Individuals, companies, and NGOs cannot bring such a case. |
| How does jurisdiction work? | The Rome Statute establishes the Court and sets out its crimes and jurisdictional framework. | A contentious case requires a valid basis of jurisdiction accepted by the States concerned; advisory opinions follow a separate request procedure. |
| What kind of proceeding? | Criminal investigations, prosecutions, trials, and related proceedings under the Rome Statute. | Contentious proceedings between States or advisory proceedings requested by authorized bodies. |
| What is the outcome? | Criminal proceedings determine an individual’s criminal responsibility under the Statute. | Contentious judgments resolve the dispute between the parties. Advisory opinions are generally nonbinding, subject to rare express exceptions. |
| What is its institutional basis? | A permanent court established by the Rome Statute treaty. | The principal judicial organ of the United Nations. |
What the International Criminal Court does
It prosecutes people, not countries
The Rome Statute is the treaty that founded the ICC. It was adopted on 17 July 1998 and entered into force on 1 July 2002. It sets out the Court’s jurisdiction over genocide, crimes against humanity, war crimes, and—following an amendment adopted in 2010—the crime of aggression. The Rome Statute governs the Court’s work.
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The ICC investigates and, where warranted, tries individuals charged with those crimes. It does not prosecute States as criminal defendants. Its proceedings concern individual criminal responsibility, not a general legal dispute between governments.
It complements national courts
The ICC is not a replacement for national criminal justice systems. Under the Statute’s complementarity principle, States retain primary responsibility for investigating and prosecuting; the ICC may act where a relevant State does not, cannot, or is not genuinely willing to do so. The ICC’s explanation of how the Court works describes this relationship.
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What the International Court of Justice does
It hears disputes between States
The ICJ is the principal judicial organ of the United Nations. Its contentious jurisdiction is for legal disputes submitted by States: only States may apply to and appear before the Court in these cases. The ICJ’s jurisdiction overview explains its role as a world court.
Individuals, NGOs, companies, and other private entities cannot start a contentious ICJ case. A State may espouse a claim concerning one of its nationals, but the case remains between States. The ICJ’s case information covers contentious proceedings.
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A State must have accepted jurisdiction
The ICJ does not automatically hear every dispute between States. A contentious case needs a valid basis of jurisdiction accepted by the States concerned. Examples include a special agreement to submit a dispute, a jurisdiction clause in a treaty, or matching optional-clause declarations, subject to their terms. The ICJ’s explanation of the bases of jurisdiction describes these routes.
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Authorized UN organs, specialized agencies, and certain other authorized related organizations may request an advisory opinion on a legal question. This is not a criminal trial or a contentious case brought by an individual. Advisory opinions are generally nonbinding, subject to rare express exceptions, but the ICJ says they carry “great legal weight and moral authority.” The ICJ’s advisory-jurisdiction page explains the process and legal effect.
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Why the courts are easy to confuse
Both courts are based in The Hague and deal with issues connected to international law, but their roles and parties are different. The quickest way to tell them apart is to ask who is before the court and what kind of proceeding is involved:
- An individual accused of an international crime: this is the ICC’s domain.
- A legal dispute between States: this may be an ICJ contentious case, if there is a valid jurisdictional basis.
- A legal question referred by an authorized body: this may be an ICJ advisory proceeding.
The ICJ’s official FAQ is explicit: “The International Court of Justice has no jurisdiction to try individuals accused of war crimes or crimes against humanity.” Read the ICJ’s FAQ for its explanation of the Court’s role.
Quick Recap
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