Courts & Tribunals Guide
ICJ, ICC, ECHR, ad-hoc tribunals — jurisdiction, procedure, and the cases that shaped the law.
ICJ
International Court of Justice
Principal judicial organ of the UN. 15 judges, 9-year terms, Peace Palace, The Hague. Established 1945.
Key Points
- Jurisdiction only over states; only with their consent (Art 36 ICJ Statute).
- Contentious jurisdiction: state-vs-state disputes.
- Advisory jurisdiction: legal opinions requested by UN organs and specialized agencies.
- Decisions binding on parties (Art 59) but enforcement depends on the Security Council (Art 94).
Landmark ICJ cases
Corfu Channel (1949)
Established state responsibility for knowingly failing to warn of dangers in its territorial waters.
Nicaragua v US (1986)
Found US had violated customary international law by supporting Contras and mining harbors. US withdrew acceptance of jurisdiction in response.
Legality of Nuclear Weapons (Advisory, 1996)
Threat or use 'generally contrary to international law' but left open extreme self-defense scenarios — and called for disarmament negotiations under NPT Art VI.
Bosnia Genocide (2007)
Found Serbia failed in duty to prevent genocide at Srebrenica, though did not commit it.
South Africa v Israel (2024)
Provisional measures on Gaza ordered (Jan 2024) — merits proceedings continue.
ICC
International Criminal Court
Permanent court for prosecuting individuals for genocide, crimes against humanity, war crimes, and aggression. Established by Rome Statute (1998), entered force July 1, 2002. 124 states parties.
Key Points
- Complementarity: ICC acts only when national courts are unable or unwilling.
- Jurisdiction: crimes on territory of states parties, by nationals of states parties, or UNSC referral.
- Non-parties include US, Russia, China, India, Israel.
- Aggression: added 2018 (Kampala amendments), narrower jurisdiction than other crimes.
ICC in action
Key Points
- First conviction: Thomas Lubanga Dyilo (DRC, 2012) — child soldiers.
- Warrants against Putin (2023) for unlawful deportation of Ukrainian children.
- Warrants against Netanyahu and Gallant (2024) for alleged Gaza war crimes.
- Completed trials: ~30; ongoing investigations: 17+.
Ad-Hoc Tribunals
ICTY — former Yugoslavia
Established 1993 (UNSC Res 827) to prosecute atrocities in the Yugoslav wars. Completed work 2017. Successor (IRMCT) handles remaining cases.
Key Points
- Pioneered modern international criminal law — command responsibility, rape as war crime.
- Convicted Radovan Karadžić, Ratko Mladić for Srebrenica genocide.
- 161 individuals indicted; none remain at large.
ICTR — Rwanda
Established 1994 (UNSC Res 955). Closed 2015. Prosecuted the 1994 Rwandan genocide (~800,000 deaths in 100 days).
Key Points
- First international tribunal to convict for genocide (Akayesu, 1998).
- Akayesu case also established rape as constitutive act of genocide.
- 93 indictments; 62 convictions.
Hybrid tribunals
Key Points
- Special Court for Sierra Leone: convicted Charles Taylor (2012).
- Extraordinary Chambers in the Courts of Cambodia (ECCC): Khmer Rouge leaders.
- Special Tribunal for Lebanon: Hariri assassination (closed 2023).
- Kosovo Specialist Chambers: KLA-era cases, based in The Hague.
Regional Courts
European Court of Human Rights
Strasbourg. 46 judges (one per Council of Europe state). Individual petition — tens of thousands of cases per year.
Key Points
- Most active international human rights court globally.
- Protocol 14 (2010) reformed admissibility to manage caseload.
- Case law doctrines: margin of appreciation, subsidiarity, living instrument.
Inter-American Court of Human Rights
San José, Costa Rica. 7 judges. Jurisdiction only over states that accept it (not US).
Key Points
- Velásquez Rodríguez v Honduras (1988): landmark on state responsibility for disappearances.
- Almonacid v Chile (2006): amnesty laws cannot shield crimes against humanity.
- Reparations orders are detailed and ambitious (symbolic, monetary, institutional).
FAQ
What's the difference between ICJ and ICC?
ICJ: disputes between states. ICC: prosecutes individuals for international crimes. Both are in The Hague but are completely different bodies.
How are international judgments enforced?
Weakly. ICJ judgments require UNSC support if ignored. ICC relies on state cooperation for arrests — which is why Putin and al-Bashir could travel to non-cooperating states. The ECHR's enforcement track record is strongest.
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