International Courts and Tribunals

Introduction

International courts and tribunals provide legal mechanisms for resolving disputes, interpreting international law and, in some cases, determining individual criminal responsibility.

They differ in jurisdiction, subject matter, legal basis, parties that may appear before them and the types of decisions they can issue.

International Court of Justice

International Court of Justice (ICJ): The principal judicial organ of the United Nations.

The ICJ primarily deals with:

• Legal disputes between states
• Advisory opinions on legal questions referred by authorized UN organs and agencies

Contentious Case: A legal dispute submitted to the ICJ by states.

Advisory Opinion: A legal opinion issued by the ICJ in response to a question submitted by an authorized body.

Compulsory Jurisdiction: Jurisdiction accepted by states under applicable legal arrangements that allows the court to hear certain disputes without a separate agreement for every case.

International Criminal Court

International Criminal Court (ICC): A permanent international criminal court that prosecutes individuals for specified international crimes under the Rome Statute.

Rome Statute: The treaty establishing the ICC.

Individual Criminal Responsibility: Legal responsibility of individuals for specified international crimes.

Complementarity: The principle that the ICC generally acts when national jurisdictions are unwilling or genuinely unable to investigate or prosecute qualifying crimes.

Other International Courts and Tribunals

International Tribunal for the Law of the Sea: A judicial body established under the United Nations Convention on the Law of the Sea to deal with disputes concerning the interpretation and application of the Convention.

European Court of Human Rights: A regional human rights court associated with the European human rights system.

Inter-American Court of Human Rights: A regional court dealing with human rights obligations within the Inter-American system.

African Court on Human and Peoples’ Rights: A regional judicial institution concerning human and peoples’ rights in Africa.

International Arbitration

International Arbitration: A process through which parties submit a dispute to an independent tribunal for a decision according to agreed legal rules.

Arbitral Tribunal: A tribunal established to determine a dispute through arbitration.

Investor-State Arbitration: Arbitration involving a foreign investor and a host state under an applicable investment treaty, contract or other legal instrument.

State-to-State Arbitration: Arbitration between states concerning an international dispute.

Jurisdiction

Jurisdiction of an International Court: The legal authority of a court to hear and determine a particular dispute or matter.

Jurisdiction may depend on:

• Consent of states
• A treaty
• A compromissory clause
• A special agreement
• A court’s constituent instrument
• Subject matter
• Territorial or personal connections
• Applicable international law

Compromissory Clause: A treaty provision providing for settlement of specified disputes through an agreed dispute-resolution mechanism.

Special Agreement: An agreement by states to submit a particular dispute to an international court.

Admissibility

Admissibility: Whether a claim satisfies the procedural and legal conditions required for a court or tribunal to consider it.

Standing: The legal capacity of a party to bring a particular claim before a court or tribunal.

Exhaustion of Local Remedies: A requirement in certain international proceedings that available domestic remedies be pursued before an international claim is brought.

Judgments and Decisions

Judgment: A formal judicial decision resolving a dispute or determining legal issues.

Order: A formal direction issued by a court during proceedings.

Provisional Measures: Temporary measures ordered to preserve rights or prevent serious harm while a case is pending.

Binding Decision: A decision legally binding upon the parties to the extent provided by the applicable legal framework.

Enforcement: Processes through which compliance with a judgment or decision may be pursued.

Advisory and Contentious Jurisdiction

Contentious Jurisdiction: Authority to decide disputes between parties.

Advisory Jurisdiction: Authority to provide legal opinions rather than resolve a contentious dispute between opposing parties.

International Criminal Proceedings

International criminal tribunals may deal with crimes such as:

Genocide: Acts committed with the specific intent to destroy, in whole or in part, a protected national, ethnical, racial or religious group as defined by applicable international law.

Crimes Against Humanity: Certain widespread or systematic attacks directed against civilian populations, as defined by applicable international criminal law.

War Crimes: Serious violations of international humanitarian law that entail individual criminal responsibility.

Crime of Aggression: Certain acts involving the planning, preparation, initiation or execution of an act of aggression under the conditions defined by the Rome Statute.

Internationalized and Hybrid Tribunals

Hybrid Tribunal: A judicial institution combining international and domestic elements.

Hybrid tribunals may involve:

• International and national judges
• Domestic and international law
• International and national prosecutors
• Mixed institutional structures

Regional Courts

Regional judicial systems may provide mechanisms for:

• Human rights protection
• Economic integration disputes
• Trade disputes
• Regional treaty interpretation
• State-to-state disputes

Key Distinctions

ICJ vs ICC: The ICJ primarily hears disputes between states and provides advisory opinions; the ICC prosecutes individuals for specified international crimes.

Court vs Tribunal: Both may exercise judicial functions; terminology often depends on the legal instrument establishing the institution.

Contentious Case vs Advisory Opinion: A contentious case involves a legal dispute between parties; an advisory opinion responds to a legal question submitted by an authorized body.

Judgment vs Advisory Opinion: A judgment resolves a contentious proceeding within the court’s jurisdiction; an advisory opinion provides legal guidance under the relevant legal framework.

Arbitration vs Adjudication: Arbitration generally depends on party agreement concerning the tribunal and procedure; adjudication takes place before an established judicial institution under its governing rules.

Importance of International Courts

International courts and tribunals can contribute to:

• Peaceful dispute settlement
• Development of international law
• Clarification of treaty obligations
• Accountability for international crimes
• Protection of human rights
• Resolution of maritime disputes
• Interpretation of international agreements
• Strengthening rule-based international cooperation

Key Terms at a Glance

International Court of Justice | ICJ | International Criminal Court | ICC | Rome Statute | Contentious Case | Advisory Opinion | International Tribunal | International Arbitration | Arbitral Tribunal | Investor-State Arbitration | Jurisdiction | Compromissory Clause | Special Agreement | Admissibility | Standing | Judgment | Order | Provisional Measures | Enforcement | Genocide | Crimes Against Humanity | War Crimes | Crime of Aggression | Hybrid Tribunal

Related Glossaries

International Law | Treaties and International Agreements | Jurisdiction and State Responsibility | International Humanitarian Law | United Nations System | Human Rights | International Security