A recurring misconception in public debate in Australia is that any individual who believes they have suffered an injustice can take their case directly to the world's highest international courts. In reality, neither the International Court of Justice (ICJ) nor the International Criminal Court (ICC) operates in that way.
The International Court of Justice, based in The Hague, was established to resolve legal disputes between sovereign states. Under Article 34(1) of the Court's Statute, only states may be parties in contentious cases before the ICJ. This means that private citizens, advocacy groups, corporations, political organisations, and non-governmental organisations cannot file cases directly with the Court. Even when a dispute concerns the rights or interests of individuals, the matter must be taken up by a state willing and able to bring the claim.
Legal scholars have long noted that individuals have no standing before the ICJ. While a person may provide evidence, testimony, or expert opinion in proceedings, they are not recognised as a party to the case and cannot independently commence legal action before the Court.
The International Criminal Court is often misunderstood in a similar way. Unlike the ICJ, the ICC prosecutes individuals accused of serious international crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression. However, this does not mean that private citizens can initiate criminal prosecutions before the Court. ICC proceedings are generally commenced by the Prosecutor, through a referral by a State Party, or by the United Nations Security Council acting under its authority.
Victims may submit information to the Prosecutor, participate in proceedings when authorised by the Court, and seek reparations if convictions are secured. Nevertheless, they do not possess the legal standing of a plaintiff who can independently bring a criminal case before the ICC.
The distinction is important. The ICJ is a court for states, while the ICC is a criminal court that tries individuals. Yet in both institutions, private persons cannot simply file a lawsuit or prosecution on their own initiative. Access to these international courts is governed by strict jurisdictional rules designed to preserve their role within the international legal system.
As a result, claims that an individual can personally "take a matter to the ICJ" or "bring charges before the ICC" are generally inaccurate. International law provides avenues for complaints, submissions, and participation, but the power to commence proceedings remains with states, prosecutors, and other authorised entities, not private citizens acting alone.
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