International courts and organisations

International Law · Human rights, conflict and institutions. The idea in plain words, the rules to remember, the mistake to avoid and a worked example, written and checked by Mega Lecture.

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The idea

The International Court of Justice at The Hague is the principal judicial organ of the United Nations. It has 15 judges and does two kinds of work. In contentious cases it decides disputes between states, and only states may be parties; its jurisdiction always rests on their consent, and the judgment binds them. It also gives advisory opinions, which are not binding, to UN organs and agencies.

The International Criminal Court, created by the Rome Statute of 1998, is separate from the UN and tries individuals, not states. It is a court of last resort under the principle of complementarity.

International organisations such as the UN have their own legal personality.

Rules to remember

ICJ: 15 judges, no two of the same nationality, nine-year terms, elected by the General Assembly and the Security Council voting separately.
Consent to ICJ jurisdiction: special agreement, a clause in a treaty, or declarations under the optional clause, Article 36(2).
ICJ judgment: binds only the parties (Article 59), final and without appeal; non-compliance may be taken to the Security Council.
Advisory opinions: requested by the General Assembly, the Security Council and other authorised organs and agencies, never by states.
ICC: Rome Statute 1998, in force 1 July 2002, seat at The Hague; crimes are genocide, crimes against humanity, war crimes and aggression.
ICC: cases start by state party referral, Security Council referral or the Prosecutor's own motion; no jurisdiction over persons under 18; official capacity gives no exemption (Article 27).
Reparation for Injuries opinion (1949): the UN has international legal personality and implied powers needed for its functions.

Common mistake

Students mix up the two Hague courts. The ICJ hears cases between states only and cannot try individuals; the ICC tries individuals only and cannot hear a case against a state.

Worked example

State A files a case against State B at the ICJ over a trade dispute. B has made no optional clause declaration, no treaty between them refers disputes to the Court, and B refuses to agree to the case. Can the Court decide it?

Both are states, so both are able to be parties in a contentious case.
The Court's jurisdiction depends on consent, given by special agreement, by a treaty clause or by declarations under Article 36(2).
None of these exists here and B does not consent after the filing either.

Answer: No. Without B's consent the ICJ has no jurisdiction and cannot decide the case.

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