Examining the Roles of the International Court of Justice and the International Criminal Court in Upholding Global Justice: A Comparative Analysis

Abstract

The International Court of Justice (ICJ) and the International Criminal Court (ICC) are two pivotal institutions in the global legal framework, tasked with upholding justice and accountability on an international standard. While the ICJ primarily adjudicates disputes between states and the ICC focuses on prosecuting individuals for grave international crimes such as genocide, war crimes and crimes against humanity. This research article examines the roles of these courts in promoting global justice, highlighting their legal frameworks, operational challenges and contributions to the international legal order. The study identifies key problems hindering the effectiveness of both courts, including issues of jurisdiction, enforcement mechanisms, political interference and limited state cooperation. These challenges often undermine their ability to deliver justice consistently and impartially. The primary objective of this research is to critically analyze the legal frameworks governing the ICJ and ICC, assess their successes and limitations, and propose actionable recommendations for enhancing their efficacy. The research employs a comparative legal methodology, combining qualitative analysis of case law, treaties, and statutes with an examination of scholarly literature and institutional reports. By comparing the mandates, structures, and outcomes of the ICJ and ICC, the study provides a comprehensive understanding of their complementary yet distinct roles in the international justice system. The findings reveal that while both courts have made significant contributions to global justice, their impact is often constrained by systemic and political challenges. The ICJ’s state-centric approach limits its ability to address individual accountability, while the ICC faces criticism over perceived selectivity and enforcement gaps. Based on these findings, the study recommends strengthening state cooperation, enhancing enforcement mechanisms, and fostering greater institutional independence to address existing shortcomings. It also suggests exploring synergies between the ICJ and ICC to create a more cohesive international justice framework. Ultimately, this research underscores the importance of reforming and reinforcing these institutions to ensure they remain effective guardians of global justice in an increasingly complex international landscape