Which country has the International Criminal Court? What are the problems of the ICJ?

The International Criminal Court (ICC) is an international tribunal that can prosecute individuals for crimes such as genocide, crimes against humanity, war crimes, and aggression. The ICC is based in The Hague, Netherlands, and has 124 member states that have ratified the Rome Statute, the treaty that established the court.

The ICC is different from the International Court of Justice (ICJ), which is a UN organ that settles disputes between states. The ICJ, also located in The Hague, faces some challenges in fulfilling its role as the principal judicial organ of the UN. Some of these challenges are:

• The lack of compulsory jurisdiction: The ICJ can only hear cases if both parties agree to submit to its jurisdiction or have accepted its jurisdiction in advance. This limits the number of cases that the ICJ can deal with and reduces its impact on international law and order.
• The influence of the UN Security Council: The ICJ is subject to the decisions of the UN Security Council, which can veto any enforcement action or refer a case to the ICJ. The five permanent members of the Security Council (China, France, Russia, UK and US) also have a privileged position in the election and re-election of ICJ judges, which may affect their impartiality and independence.
• The nomination of ad hoc judges: When one of the parties to a case does not have a judge of its nationality on the bench, it can nominate an ad hoc judge to sit on the case. This may create a perception of bias or favoritism, especially if the ad hoc judge is not a professional jurist or has close ties to the nominating state.
• The compliance with ICJ judgments: The ICJ has no power to enforce its judgments, and relies on the goodwill and cooperation of states to comply with them. However, some states may ignore or defy the ICJ rulings, especially if they perceive them as contrary to their national interests or sovereignty.

These are some of the problems that affect the credibility and effectiveness of the ICJ as a guardian of international law and justice.