Explainer
ICC vs ICJ: What Is the Difference?
The ICC prosecutes individuals for international crimes; the ICJ decides legal disputes between States. The two Hague courts are often confused.
Reviewed 18 September 2026. This is an evergreen explainer; case-specific legal findings should be checked against the newest authoritative source.
In short: The ICC prosecutes individuals for international crimes; the ICJ decides legal disputes between States. The two Hague courts are often confused.
The International Criminal Court and the International Court of Justice are both based in The Hague and both deal with international law, but they are fundamentally different institutions. Confusing them can turn a correct headline into a legally wrong one.
The ICC is a criminal court for individuals
The International Criminal Court was created by the Rome Statute. Its mandate concerns individual criminal responsibility for genocide, crimes against humanity, war crimes and the crime of aggression when the relevant jurisdictional conditions are met. It has a prosecutor and criminal judges, and its cases can lead to arrest warrants, trials, acquittals or convictions.
The ICJ is the principal judicial organ of the United Nations
The International Court of Justice resolves legal disputes between States that have accepted its jurisdiction in the relevant matter and gives advisory opinions when authorised UN organs or agencies request them. Individuals, companies and armed groups cannot file contentious cases at the ICJ.
Their orders and judgments do different things
An ICC arrest warrant is directed toward the arrest and surrender of an individual accused of crimes within the Court’s jurisdiction; it is not a judgment of guilt. An ICJ judgment in a contentious case determines legal issues between States and is binding on the parties to that case. Provisional measures are urgent measures ordered before the final merits judgment and do not themselves decide the whole dispute.
Jurisdiction is not automatic
The ICC’s jurisdiction can depend on territorial or nationality links, State referrals, Security Council referrals and other Rome Statute rules. The ICJ’s contentious jurisdiction is based on State consent expressed through treaties, special agreements or jurisdictional declarations. A court can consider grave allegations while still having to decide whether it has jurisdiction.
Neither court is a world government
Both rely heavily on States for implementation. The ICC does not have its own police force. The ICJ cannot independently execute judgments through a global enforcement service. International institutions work through legal obligations, diplomatic pressure and State cooperation rather than a single supranational executive.
How to read a headline correctly
Ask three questions: Which court? Is the case against an individual or between States? What procedural stage has been reached? Those three checks prevent most of the common confusion.
Frequently asked questions
Can the ICC sue a country?
No. ICC cases concern individuals. The ICJ is the court that hears contentious cases between States.
Can the ICJ send someone to prison?
No. It is not a criminal court.
Is an ICC arrest warrant a conviction?
No. It reflects a judicial finding at the warrant stage, not guilt beyond a reasonable doubt after trial.