Jurisdictional Power of ICC and ICJ Over Non-Compliant Member States

The International Criminal Court (ICC) and the International Court of Justice (ICJ) both play crucial roles in international law, but their powers over member states, especially in terms of enforcing arrest warrants, have limitations. ### International Criminal Court (ICC) The ICC relies heavily on the cooperation of its member states to enforce its arrest warrants. The court itself does not have its own police force or enforcement body. Instead, it depends on the willingness of states to arrest and surrender individuals who are subject to ICC warrants. When a member state refuses to comply, the ICC can: 1. **Report Non-Compliance**: The ICC can report the non-compliance to the Assembly of States Parties or the United Nations Security Council (UNSC). This can lead to diplomatic pressure or sanctions against the non-compliant state. 2. **Diplomatic and Political Pressure**: The ICC can leverage international diplomatic and political pressure to encourage compliance. This can include public condemnation and appeals to the international community. ### International Court of Justice (ICJ) The ICJ, on the other hand, deals primarily with disputes between states and does not issue arrest warrants for individuals. Its judgments are binding on the states involved in the case. However, enforcement of these judgments can be challenging: 1. **UN Security Council**: If a state fails to comply with an ICJ judgment, the matter can be referred to the UNSC, which has the authority to take measures to enforce the judgment. However, this is subject to the political dynamics within the UNSC, including the veto power of its permanent members. 2. **Diplomatic Pressure**: Similar to the ICC, the ICJ relies on diplomatic and political pressure to ensure compliance with its judgments. In summary, while both the ICC and ICJ have mechanisms to address non-compliance, their effectiveness largely depends on the cooperation and political will of member states. : [Arresting ICC suspects at large](https://www.icc-cpi.int/sites/default/files/bookletArrestsENG.pdf) : [Sovereignty and Stalemates: Rethinking the ICC’s Struggle with State Non-Compliance](https://www.berkeleyjournalofinternationallaw.com/post/sovereignty-and-stalemates-rethinking-the-icc-s-struggle-with-state-non-compliance) : [The Legitimacy Trap: Balancing Enforcement and International Cooperation within the International Criminal Court](https://www.yalejournal.org/publications/the-legitimacy-trap-balancing-enforcement-and-international-cooperation-within-the-international-criminal-court)