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Why do findings by a UN commission of inquiry or the International Court of Justice not directly impose criminal punishment?

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Railway tracks lead to the brick entrance building and guard tower of Auschwitz Birkenau concentration camp near Oswiecim, Poland. — Genocide Freight train tracks leading to Auschwitz-Birkenau, Nazi Germany's largest concentration camp, near Oświęcim, Poland.

Findings by a UN commission of inquiry or the International Court of Justice (ICJ) do not directly impose criminal punishment because these bodies serve different functions than international criminal tribunals.12

The ICJ is the principal judicial organ of the United Nations, and its primary function is to adjudicate disputes between sovereign states, not to prosecute individuals. Because it deals with state responsibility, its judgments focus on issues such as territorial sovereignty or treaty obligations rather than individual criminal liability. Furthermore, the ICJ lacks the power of enforcement; while its decisions are binding on the parties, it relies on the UN Security Council to take measures to give effect to its judgments if a party fails to comply.23

In contrast, international criminal law—such as that enforced by the International Criminal Court—is specifically designed to attribute blame to individuals to impose criminal punishment. While the ICJ may address whether a state has violated international obligations, such as those under the Genocide Convention, it is the role of specialized criminal courts to prosecute and sentence the individuals responsible for those acts.415