Difference Between ICJ and ICC

Difference between ICJ and ICC.

Comparison between ICJ and ICC

Compare and contrast between ICJ and ICC.

The International Court of Justice

The International Court of Justice  is the primary judicial branch of the United Nations. Seated in the Peace Palace in The Hague, Netherlands, the court settles legal disputes submitted to it by states and provides advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly.

The International Criminal Court

The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes. The ICC is intended to complement existing national judicial systems and it may therefore only exercise its jurisdiction when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer investigations to the Court.

Difference Between ICJ and ICC 

The difference between ICJ and ICC are as below

Subject Matter

ICJ: Settle the legal dispute i.e. sovereignty, boundary disputes, maritime disputes, trade, natural resource etc.

ICC: Trial criminal offenses i.e.  genocide, crimes against humanity, war crimes, crimes of aggression

Parties

ICJ:  Only states either member of United Nation or ICJ or both.

ICC: Individuals either ratified member of ICC or accept the jurisdiction of ICC

Jurisdiction

ICJ: Two types of jurisdiction; i) Contentious Jurisdiction  ii) Advisory opinion

ICC: Criminal prosecution of individuals

Authorized Statute

ICJ: Follow ICJ Statute

ICC: Follow Rome Statute

Composition of Court

ICJ: Composed of fifteen judges elected to nine year terms and may be re-elected for up to two further terms

ICC: Composed of eighteen judges elected to nine year terms and not  re-elected for further terms

Chambers

ICJ: Two types of chambers i) Chambers for special categories of cases, ii) the formation of ad hoc chambers to hear particular disputes.

ICC: Organized into three chambers—i) Pre-Trial Chamber, ii) Trial Chamber, iii) Appeals Chamber

Independent

ICJ: United Nation Judiciary organ

ICC: Independent  organisation

Adhoc Judge

ICJ: The state party can send adhoc judge

ICC: No such provision institure by ICC

Appeal

ICJ: No appeal provision for  ICJ.

ICC: Appeal is instituted by appeal chamber

Funding

ICJ:UN Funding

ICC: Member States and voluntary funding from UN and others.