International Courts

Key institutions of international law

• International Criminal Court (ICC)

• International Court of Justice (ICJ)

European Courts

• European Court of Human Rights (ECHR)

• European Court of Justice (ECJ)

Role of the ICC

Aim? How does it operate?

• Aim: to deter (persuade someone not to do something) potential criminals from committing the worst crimes against the international community.

• Investigates and prosecutes individuals (not states or groups) charged with the gravest crimes of international concern:

  • Genocide, ward crimes, crimes against humanity and the crime of aggression.

• Offers justice to victims of atrocities: prosecuting, investigating and can also order reparations to victims (e.g monetary compensation, return of property or rehabilitation)

Under what conditions will the ICC be used?

• ICC only operates when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or a national government refers a case to the court.

  • ICC only compliments, it does not replace.

What is the ICC’s founding treaty? Why is it important?

The Rome Stature Treaty (1998) although the ICC started to work in 2002

• It serves as the guiding legal document in crimes and procedures.

Has there been opposition? How?

Yes, for example the USA did not sign the Rome Statue Treaty. It did not want the ICC to have the power to put Americans citizens on trial for the crimes they committed in the USA. This was a threat to the US court’s power.

Other countries have considered the court to be biased against them and undermining their sovereignty. South Africa and Burundi have withdrawn due to pressures from the ICC to arrest their leaders which could lead to unrest and changes to their regimes.

What does the ICC rely on for it to work?

Cooperation if states for arrests, transfers and enforcement of sentences as it does not have its own enforcement body. A state that has ratified the Rome Statute is obligated to arrest any individual under the ICC arrest warrant who is present on its territory.

Case Study: international law being put in practice + work of the ICC

• ICC issued an arrest warrant on Benjamin Netanyahu (prime minister/head of Hamas) on November 2024

• Allegedly responsible for war crimes in Gaza — breaking international law

  • Starvation as a method of warfare

  • Intentionally directing an attack against the civilian population

  • Crimes against humanity of murder, persecution and other inhumane acts

• ICC stepped up because the Israeli military won’t arrest the prime minister or give him in. But if he travels to the 125 countries who have ratified the Rome Statute (signed up for the ICC) he will be arrested/put in trial.

• Realistically he won’t travel to any of those countries, but the arrest warrant is symbolic = deter him from committing war crimes (?)

International Court of Justice (ICJ)

What is it? Role?

• The ICJ is the main court of the UN (judicial organ), sometimes is known as the World Court.

  • States have to be a member of the UN in order to have ICJ, unlike the ICC who can prosecute individuals from non-member states (but its jurisdiction (legal obligation) is limited to those 125 states that are member of the Rome Statute. Aunque again it depends on the states collaboration as it doesn’t have an enforcement body/police)

• It settles, in accordance to international law, disputes/disagreements between states (does not hear cases involving individuals, NGOs or corporations) regarding issues like territory and nationality.

  • If states agree to take part, they must accept the court’s decision.

  • Judges declare the veredict in court.

  • ICJ has been granted the power over decisions by treaties or conventions.

• The ICJ can also provide advisory opinions on legal questions referred to it by authorised UN organs and specialised agencies. These opinions are not legally binding but carry significant weight.

ICJ case studies examples.

One on the issue of territory and another one on nationality

Territory:

• Burkina Faso vs Niger desert border near spoil-rich ares in 2013

• ICJ drew a clear boundary and split disputed zones fairly, avoiding resource conflicts.

• Both countries accepted ruling immediately

Nationality

• UAE stripped Qataris of residency/nationality rights during the Gulf dispute between the UAE (and other Gulf states) and Qatar. Qatar accused UAE of racial discrimination (under CERD treaty “convention on the elimination of all forms of racial discrimination”)

• ICJ ordered UAE to reunite families, but later the case settled diplomatically.

• 2018

European courts: ECHR

• The European Court of Human Rights is the court of the Council of Europe. It deals with people that do not respect the European Convention of Human Rights.

• 47 member countries which each elect a judge.

• Court ensures that member countries of the Council of Europe respect the European Convention of Human Rights.

  • It examines complaints amity violation of human rights. They can be made by individuals or member states.

• When the court finds that a member state has broken the rules of the convention, it explains why in a written judgement. Judgements are binding and the country concerned must accept them.

What is the Council of Europe?

A body of 47 member states that aims to protect human rights and democracy in Europe

European Courts: ECJ

• The European Court of Justice is an EU organisation, a court that judges people and organisations who may have broken European law

• A judge is appointed by each of the EU‘s member countries

• It considers disputes about people or organisations who have broken EU law

Why is there a need for international courts?

• Solve disputes peacefully preventing war

• Prosecute war crimes, genocide, etc when national courts won’t (e.g ICC case agains Netanyahu) because of corruption or other

• Interpret treaties so nations follow the same laws.

Why do some countries oppose to the international courts?

• Sovereignty concerns: losing control over own laws policies (no foreign court can tell us what to do!)

• Accusations of bias (e.g ICC has faced criticism for focusing disproportionately on African nations, some African leaders and critics claim the ICC is a “western tool” to target African leaders)

• Enforcement issues because no real global police. Courts rely on cooperation so some countries might ignore rulings.

  • E.g Israel ignored ICJ ruling by failing to allow adequate humanitarian aid to reach Gaza.