International Court of Justice (ICJ)

The International Court of Justice (ICJ), which is based in The Hague (Netherlands), is the principal judicial organ of the United Nations – one of the six main organs of the UN and the only organ outside the territory of the United States of America.

The ICJ is housed in the Peace Palace and, in accordance with international law, has taken on the role of settling legal disputes between countries. In addition, the ICJ also provides advisory opinions on legal issues if there is a reference from other UN bodies and agencies.

In terms of jurisdiction, the ICJ acts as a world court, only at the level of states – private individuals, international organizations or other bodies do not have access to the ICJ. Nevertheless, the only states that the ICJ could deal with are those that have recognized its jurisdiction. Currently, there are 193 UN members, which automatically entitles them to appear before the Court. Before joining the UN, however, some countries (such as Switzerland, Liechtenstein, San Marino or Japan) had already recognized the jurisdiction of the ICJ.

It is interesting that the ICJ cannot resolve a dispute on its own initiative – it must be requested by one or more states, but judgments issued by the ICJ are binding, final and without the possibility of appeal.

International Criminal Court (ICC)

The International Criminal Court (ICC) investigates and, if justified, prosecutes individuals accused of the most serious crimes that concern the international community:

• genocide - the intention to completely or partially destroy a national, ethnic, racial or religious group by killing its members or otherwise
• war crimes – serious violations of the Geneva Conventions in the context of armed conflict
• crimes against humanity – serious violations committed in the context of a widespread attack against the civilian population
• crime of aggression - the use of armed force by a State against the sovereignty, integrity or independence of another State

Like the ICJ, the ICC's jurisdiction covers states that have recognized it, but since 2018 the situation may be referred to the Security Council acting under Chapter VII of the Charter of the United Nations, regardless of whether it concerns contracting states or non-state parties.

The ICC is intended to complement, not replace, national criminal systems; it prosecutes only cases where states do not, are unwilling or are unable to do so in reality.