The International Criminal Court (ICC) prosecutes individuals accused of certain serious international crimes. The International Court of Justice (ICJ) settles legal disputes between States and gives advisory opinions on legal questions referred by authorized bodies. The ICJ does not try people accused of crimes.
The difference 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 charged with crimes under the Rome Statute. ICC overview | Decides legal disputes between States and gives advisory opinions on legal questions referred by authorized bodies. ICJ overview |
| Who appears before it? | Individuals accused of crimes; States are not criminal defendants. | States alone may be parties in contentious cases. Individuals and private organizations cannot start such a case. ICJ contentious jurisdiction |
| What proceedings does it hold? | Criminal investigations, prosecutions, trials, and related proceedings. | Contentious cases between States, or advisory proceedings requested by authorized bodies. |
| What is its institutional basis? | A permanent court established by the Rome Statute treaty. Rome Statute | The principal judicial organ of the United Nations. ICJ overview |
What the International Criminal Court does
The ICC determines individual criminal responsibility for genocide, crimes against humanity, war crimes, and the crime of aggression, within the conditions set by its founding treaty. The Rome Statute was adopted on 17 July 1998 and entered into force on 1 July 2002; the crime of aggression was added through an amendment adopted in 2010. Rome Statute
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The Court investigates and, where warranted, tries individuals. It does not prosecute States as criminal defendants. ICC overview
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The ICC is not a general first-instance world criminal court and does not replace national justice systems. Under the principle of complementarity, States retain primary responsibility. The ICC may act where the relevant State is unwilling or unable genuinely to investigate or prosecute. ICC overview
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What the International Court of Justice does
The ICJ is the UN’s principal judicial organ. It has two distinct functions: deciding contentious legal disputes submitted by States, and giving advisory opinions on legal questions referred by UN organs, specialized agencies, or other authorized related organizations. ICJ overview
Contentious cases are between States
Only States may be parties to an ICJ contentious case. Individuals, companies, NGOs, and other private entities cannot file one. A State may espouse a claim concerning one of its nationals, but the case remains between States. ICJ contentious jurisdiction
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The Court does not automatically hear every dispute between States. Its jurisdiction in a contentious case depends on a valid basis of consent accepted by the States concerned. Examples include a special agreement submitting a dispute, a jurisdiction clause in a treaty, or matching optional-clause declarations, subject to their terms. ICJ jurisdiction
Advisory opinions answer authorized requests
Advisory proceedings are not lawsuits brought by individuals. An authorized UN body or related entity requests the Court’s opinion on a legal question. Such opinions are generally nonbinding, subject to rare express exceptions, but the ICJ says they carry “great legal weight and moral authority.” ICJ advisory jurisdiction
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How to tell which court is relevant
- An individual accused of an international crime: this points to the ICC, subject to its jurisdictional rules.
- A legal dispute between States: this may be an ICJ contentious case if the required jurisdictional basis exists.
- A legal question referred by an authorized international body: this may lead to an ICJ advisory opinion.
Both courts are based in The Hague and deal with international law, but their roles are not interchangeable. The ICJ expressly states that it has no jurisdiction to try individuals accused of war crimes or crimes against humanity. ICJ FAQ
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Why the names are easy to confuse
Both institutions are international courts, and both may address issues arising from the same events. The difference is the kind of case and who is before the court: the ICC concerns an individual’s criminal responsibility; the ICJ concerns legal disputes between States or advisory requests from authorized bodies. An ICJ judgment does not convict a person, and an ICC criminal trial does not settle a general dispute between States.
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