Question 1

What is the difference between the ICJ and the ICC?

Accepted Answer

The ICJ settles legal disputes between states and gives advisory opinions to UN organs. It does not prosecute individuals. The ICC prosecutes individuals for genocide, war crimes, crimes against humanity, and aggression. They are separate institutions with different mandates, though both sit in The Hague.

Question 2

Can the ICJ force a country to comply with its ruling?

Accepted Answer

ICJ judgments are binding on the parties, but the Court has no enforcement mechanism. Under Article 94 of the UN Charter, a party can refer non-compliance to the Security Council, which may take action. In practice, the P5 veto means enforcement is rare. Most states comply voluntarily because defying the Court carries reputational costs.

Question 3

How does a case reach the ICJ?

Accepted Answer

A case can reach the ICJ in three ways: (1) both states agree to submit the dispute (special agreement), (2) a treaty contains a clause giving the ICJ jurisdiction over disputes about that treaty, or (3) a state has accepted the Court's compulsory jurisdiction under Article 36(2) of the Statute. Advisory opinions are requested by UN organs, not states.

Question 4

Do all countries accept ICJ jurisdiction?

Accepted Answer

No. Only about 73 states have accepted compulsory jurisdiction under Article 36(2), often with reservations. Major powers like the US (which withdrew its declaration in 1986 after the Nicaragua case), Russia, China, and France do not accept compulsory jurisdiction. This limits the Court's reach considerably.