Compare and contrast the jurisdiction of the International Criminal Court and International

Court of Justice. (3%)

Suggested Answer:

The jurisdiction of the International Criminal Court (ICC) primarily deals with the prosecution of
individuals for core international crimes, while the jurisdiction of the International Court of Justice
(ICJ) deals with contentious proceedings between States.

As to subject matter jurisdiction (ratione materiae), the jurisdiction of the ICC is limited to the most
serious crimes of concern to the international community as a whole, particularly: (a) the Crime of
Genocide; (b) Crimes against Humanity; (c) War crimes; and (d) the Crime of Aggression. (R.
Sarmiento, Public International Law Bar Reviewer, 2009 Revised Edition, p. 308). On the other hand,
the jurisdiction of the ICJ covers legal disputes which the States refer to it. This includes disputes
concerning: (a) the interpretation of a treaty; (b) any question of international law; (c) the existence of
any fact which, if established, would constitute a breach of an international obligation; and (d) the
nature or extent of the reparation to be made for the breach of an international obligation. ( Article 36,
ICJ Statute) The ICJ also has jurisdiction to give an advisory opinion on any legal question as may
be requested by the General Assembly or the Security Council or on legal questions arising within
the scope of the activities of other organs and specialized agencies of the U.N. upon their request
and when so authorized by the General Assembly. (Article 96, U.N. Charter)

As to jurisdiction over the persons or parties (ratione personae), the ICC shall have the power to
exercise its jurisdiction over persons for the most serious crimes of international concern, and shall
be complementary to national criminal jurisdictions. (Art. 1, Rome Statute) On the other hand, only
States may be parties in cases before the ICJ and their consent is needed for the ICJ to acquire
jurisdiction. (R. Sarmiento, Public International Law Bar Reviewer, 2009 Revised Edition, p. 185)