International Courts

International Criminal Court

● HQ The Hague; Rome Statute (2002) multilateral treaty that established the 1) The

Assembly of States Parties, 2) ICC, 3) Trust Fund for Victims

○ The Assembly - meet, provide mgmt oversight for the Court, including

electing judges and the Prosecutor, approving ICC’s budget

○ ICC -Court’s expenses funded primarily by State Parties

■ Presidency - external relations w States

■ Judicial Divisions -18 judges in 3 divisions (Pre-Trial, Trial, Appeals)

■ OTP- preliminary examinations, investigations, prosecutions

■ Registry -non-judicial activities (security, interpretation, outreach,

support to Defence & victim’s lawyers)

○ Trust Fund - created in 2004 in accordance w Article 79 of Rome Statute; 1)

implement Court-Ordered reparations 2) provide physical, psychological,

material support to victims, families

● Permanent court; Powers are limited to prosecuting those who have committed

genocide, crimes against humanity, crimes of aggression, war crimes

● 130 countries signed, 100 have ratified; PH withdrew 17 March 2019; Malaysia

(2019), US (withdrew 2019, Washington signed, never ratified Rome Statute, Obama

warmed to ICC, Trump critical), China, Russia (2016) not members

● Not UN org, but has cooperation agreement with UN, treaty negotiated within UN,

UN Diplomatic Conference of Plenipotentiaries on the Establishment of an Intl

Criminal Court adopted the Statute ; UNSC can refer situation to ICC granting

jurisdiction

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 ● Jurisdiction: 1) committed on or after 1 July 2002, 2) crimes committed by a State

Party national, or in the territory of a State Party, or in a State that has accepted the

jurisdiction of the Court, & 3) crimes were referred to the ICC Prosecutor by UNSC

○ 17 July 2018 - act of aggression referred by UNSC irrespective as to whether it

involves state or non-state parties

● ICC is criminal court that prosecutes individuals, can serve as catalyst, model for

reform of domestic laws procedures (country’s laws, procedures must conform w/

ICC standards)

● Death penalty excluded

● https://www.icc-cpi.int/about/how-the-court-works

International Court of Justice

● Permanent civil court established thru UN Charter (1945); hears legal disputes bw

countries in accordance w intl law; gives advisory opinions on legal question

referred by auth UN organs, specialized agencies; reports to General Assembly; can

validate arbitral awards

● Modern history of intl arbitration dated from Jay Treaty of 1794 (Treaty of Amitiy,

Commerce, & Navigation) bw US, Great Britain

○ Created 3 mixed commissions that will settle a number of outstanding

questions bw 2 countries w had not been possible to resolve by negotiation

● The Hague Peace Conference (1899)

○ Convened by Czar Nicholas II; marked beginning 3rd phase in the modern

history of intl arbitration; to discuss peace & disarmament

○ Adopted Convention on the Pacific Settlement of Intl Disputes

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 ○ Created the Permanent Court of Arbitration (1900, operated 1902) (Article

20) which consisted of a panel of jurists designated by each country party to

the Convention (ea country up to 4) from among whom the members of

each arbitral tribunal might be chosen

○ Created a permanent Bureau w/c functions as court registry/secretariat, laid

down rules of procedure

○ 1907 2nd Hague Peace Conference revised Convention, improved rules

governing arbitral proceedings; proposed creation of a permanent tribunal

court of full-time judicial officers, US, UK, Germany submitted joint proposal

but Conference was unable to reach agreement; these ideas served

inspiration for the drafting of the Statute of the Permanent Court of Int’l

Justice

○ 1993 PCA adopted new Optional Rules for Arbitrating Disputes bw 2 Parties

of wc Only 1 is a State, 2001 Optional Rules for Arbitration of Disputes

Relating to Natural Resources &/or the Envi

● The Paris Peace Conference (1919) - created the Covenant of the League of

Nations

○ Article 14 LoN gave Council of the League responsibility for formulating plans

for establishment of PCIJ, in First Assembly of the LoN (Nov 1920) plans were

submitted for study, approval, draft adopted by Assembly (Dec 1920) created

the Statute of the Permanent Court of Int’l Justice (but Assembly decided

vote is sufficient, Statute has to be ratified by member States; Sept 1921

ratified; 1929 revised, took effect 1936)

○ Unlike arbitral tribunals, PCIJ was a permanently constituted body governed

by its own Statute, Rules of Procedure fixed beforehand, binding on parties

having recourse to the Court; has permanent Registry; optional acceptance

of the PCIJ’s jurisdiction; PCIJ’s Statute specifically lists sources of law it was to

apply

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 ○ NOT PART OF THE LEAGUE : Statue never formed part of the LoN Covenant,
Member State of LoN ≠ PCIJ Party, although LoN elected members of the court,
Council & Assembly were entitled to seek advisory opinions from the Court
○ Outbreak of war in Sept 1939 added to PCIJ’s activity decline; last public

sitting 4 Dec 1939, last order on 26 Feb 1940, same year court then relocated

to Geneva

● 1942 - US Sec of State & UK Foreign Sec declared in favor of re-establ of intl court

after war; 1943 UK Gov invited no of experts to London to constitute an informal

Inter-Allied Committee, which in 1944 recommended:

○ Statute of any new intl court be based on PCIJ

○ New court should retain an advisor jurisdiction

○ Acceptance of new court’s jurisdiction not compulsary

○ Court have no jurisdiction to deal w essentially political matters

● 30 Oct 1943 China, USSR, UK, US declared necessity of establishment at the earliest

practicable date a general intl org; after Dumbarton Oaks proposals included

establishment of intl court of justice; April 1945 Washington meeting prepared draft

court statute for submission to 1945 San Fran Conference (which drew up UN

Charter)

● 1945 San Francisco Conference decisions on ICJ (which will be principal organ of UN,

same footing as Gen Ass, Sec Council, Econ & Social Council, Trusteeship,

Secretariat; stature annexed to Charter (forming an integral part of it)):

○ As court was to be the UN’s principal judicial organ, it felt inappropriate for

that role to be filled w PCIJ w its connection to the LoN (which was on point of

dissolution)

○ Creation of new court was more consistent w provision in UN Charter that all

M.S of UN would ipso facto be parties to Court’s statute

○ Several states that were parties to PCIJ Statute were not represented at San

Fran Con, several states represented at San Fran Con were not parties to PCIJ

Statute

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 ○ Feeling in some quarters PCIJ formed part of older order, Euro states

dominated then political, legal affairs of the intl community - creation of new

court allows for other states to play more influential role

● Dissolution of the PCIJ - creation of new court necessitated dissolution; PCIJ

jurisdiction transferred to ICJ, transfer of archives, effects to new Court during last

meeting in October 1945; 31 January 1946 PCIJ judges resigned; election of first

members of the ICJ took place 6 Feb 1946 during UN Gen ass, Security Council’s First

Session

○ April 1946 PCIJ formally dissolved: ICJ met for first time, elected its Pres Judge

Jose Gustavo Guerrero (El Salvador, last PCIJ Pres), Registry members

appointed mostly former officials of PCIJ), inaugural public sitting 18 April

Intl Tribunal for the Law of the Sea

● Independent judicial body established by the United Nations Convention on the

Law of the Sea (open for signatories 10 Dec 1982, entered into force 16 Nov

1994); Agreement relating to implementation of Part XI of UNCLOS adopted July 28

1994, entered into force July 1996; Agreement + UNCLOS Part XI = single instrument

● Composed of 21 independent members elected from among persons enjoying the

highest reputation for fairness, integrity, of recognized competence in the field of

the law of the sea

● Jurisdiction over any dispute concerning the interpretation, application of the

Convention’ open to State Parties to the Convention

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 ● 4 Chambers as per UNCLOS Statute: 1) of Summary Procedure, 2) of Fisheries

Disputes, 3) of Marine Envi Disputes, 4) of Maritime Delimitation Disputes

● Seabed Disputes Chamber (11)