The Role of the International Court of Justice in the Development of International Criminal Law

Abstract

This research paper examines the pivotal role of the International Court of Justice (ICJ) in the evolution and development of international criminal law. Despite its primary jurisdiction over disputes between states, the ICJ's judgments and advisory opinions have significantly influenced the interpretation and application of international legal principles, including those pertaining to international crimes such as genocide, war crimes, and crimes against humanity. The paper distinguishes the ICJ from the International Criminal Court (ICC), highlighting their respective mandates and contributions to international justice. By analyzing key cases and legal doctrines, this study demonstrates how the ICJ, through its jurisprudence, has contributed to clarifying state responsibility for international crimes and reinforcing the normative framework of international criminal law. It also addresses the challenges and criticisms faced by the ICJ in this domain, particularly concerning its jurisdictional limitations and the enforcement of its decisions. Ultimately, this paper argues that the ICJ's indirect yet profound impact on international criminal law is indispensable for fostering accountability and upholding the rule of law in the international arena.