ICJ vs ICC Explained (Part 2) | Prof Tim McCormack | Ep042 Frontlines & Faultlines

In this episode of Frontlines & Faultlines, Dr Mike Kelly is again joined by Professor Tim McCormack to continue their deep dive into the workings of the International Court of Justice and the International Criminal Court — two institutions at the centre of intense political, media, and public debate. Picking up where the previous episode left off, this discussion focuses on process rather than rhetoric. Professor McCormack explains, step by step, how contested cases actually move through the ICJ: jurisdictional challenges, provisional measures, written memorials, and the long road to a determination on the merits. Using the South Africa–Israel genocide case as an example, the episode clarifies what the Court has — and has not — decided so far, and why many public claims about “findings” and “plausibility” are legally incorrect. The conversation then turns to the ICC and its fundamentally different role as a criminal court. Drawing on his direct involvement in drafting the Rome Statute and more than a decade as a Special Adviser on War Crimes to successive ICC Prosecutors, Professor McCormack unpacks jurisdiction, consent, prosecutorial triggers, and the principle of complementarity — the legal safeguard designed to ensure national courts retain primacy where they are willing and able to act. This episode also explores why international criminal processes take years rather than months, how prosecutorial discretion is constrained by law, and why political pressure does not — and should not — substitute for legal thresholds. Throughout, the focus remains on defending the integrity of international law by explaining how it actually operates, rather than how it is often portrayed. A detailed, practical examination of international courts at work — essential viewing for anyone trying to understand law, accountability, and conflict in today’s strategic environment. Subscribe to our regular YouTube podcast @Dr.MikeKelly 🔗 Follow: Instagram: @Dr.MikeKellyAM X: @MikeKellyofEM Facebook: mike.kelly.819432 LinkedIn: mike-kelly-0336a055 #FrontlinesAndFaultlines #DrMikeKelly #TimMcCormack #InternationalLaw #LawOfArmedConflict #LOAC #IHL #InternationalHumanitarianLaw #ICJ #InternationalCourtOfJustice #ICC #InternationalCriminalCourt #RomeStatute #WarCrimes #Lawfare #NationalSecurity #Defence #ADF #AustralianDefenceForce #StrategicStudies #Geopolitics #PublicInternationalLaw