Chapter 43. The International Criminal Court and the International Court Of Justice: Some points of contact

This chapter aims to indicate some points of contact between the International Court of Justice (ICJ) and the International Criminal Court (ICC). The ICJ is a principal organ of the United Nations by virtue of Article 7, paragraph I, of the Charter. The principal treaties of todays international humanitarian law which covers both crimes against humanity and war crimes do not contain any provision conferring jurisdiction on the ICJ. Article 119, paragraph 2, of the Rome Statute keeps open three methods of referring a dispute to the ICJ, all requiring an appropriate recommendation from the Assembly of States Parties. The two formal links between the two ICC and ICJ are peripheral. The main problems of evidence and witnesses may have a direct bearing on the ability of one or other of the two Courts to exercise its functions. Keywords: evidence; International Court of Justice (ICJ); International Criminal Court (ICC); international humanitarian law; Rome Statute; United Nations; war crimes; witnesses