Overview: The Role of International Courts in Resolving Disputes

International courts are vital to promoting global peace and order by settling disputes among states, international organizations and occasionally individuals. In a world that is connected by trade, political matters, and human rights issues, international courts are a crucial mechanism for resolving disputes that cross borders. Since the growth of globalization and an increase in diplomatic exchanges between nations, the international courts have become increasingly relevant. This article examines international courts' role in disputes, their success and challenges.

Historical Evolution of International Courts

International dispute resolution has been around for centuries in the form of arbitration and treaties for resolving conflicts. However, modern international courts really began to take form with the establishment of the Permanent Court of International Justice (PCIJ) in 1922 under the League of Nations. The PCIJ was subsequently replaced by the International Court of Justice (ICJ) in 1946 after the United Nations was created. Since then, several international courts have developed some specialization in a variety of law fields such as human rights law, trade law, and criminal law. Some of the recognized courts internationally are the ICJ, International Criminal Court (ICC), and World Trade Organization (WTO) Dispute Settlement Body (DSB).

Key International Courts and Their Role

• International Court of Justice (ICJ)

The ICJ, also known as the "World Court," is the UN's primary judicial organ. Its main purpose is to resolve disputes between states according to the law of nations. The ICJ hears cases relating to disputes over territory, breach of treaties, and problems of diplomacy. In some cases, the ICJ has resolved boundary disputes between states like India and Bangladesh, while in others it has decided issues relating to breaches of diplomatic immunity or obligations related to environmental issues.

• International Criminal Court (ICC)

International Criminal Court deals with the disputes between states and prosecutes individuals involved in war crimes, genocides, crime against humanity and the crimes of aggression.[1] ICC was established in 2002, with its headquarters situated at The Hague, in Netherlands. ICC has over 900 staff members from approximately 100 states, and 6 official languages are used which are English, French, Arabic, Chinese, Russian and Spanish[2]. The court has investigated and prosecuted political leaders and military commanders for crimes, particularly in conflict-affected areas, such as Sudan and the Democratic Republic of Congo.

• World Trade Organization (WTO) Dispute Settlement Body (DSB)

WTO’s Dispute settlement body resolves the trade dispute between nations, which provides a structured framework for trade agreements. Countries who believe that their trade rights have been violated can initiate a case with DSB and after the consideration of evidence; the DSB may make a binding decision. The DSB has been an important mechanism to resolve disagreements over tariffs, subsidies, and access to markets to facilitate equality in trading with the international community.

• European Court of Human Rights (ECHR) and Inter-American Court of Human Rights (IACHR)

Regional courts such as the ECHR and IACHR play important roles in promoting human rights in their respective regions. These courts hear cases originating from individuals or groups claiming violations of human rights by state actors. Their decisions not only affect domestic policies but also contribute to international law around human rights.

Then what's the problem?

International courts have played an important role in fostering peace, stability, and certainty in world affairs. Their influence can be observed in a number of particular ways: they provide a neutral forum for resolving disputes before violence occurs; they create legal judgments that develop international normativity and promote the rule of treaties; they deliver justice for victims of egregious conduct while getting human-rights abusers sanctioned; and they govern international trade disputes in a legally-directed way. Despite their achievements, international courts face several barriers to effectiveness. Lack of enforcement mechanisms is one of the main challenges international courts faces. While domestic courts have their own independent enforcement authority, enforcement of international courts' rulings is dependent upon compliance by states. Some countries further claim reliance on influential states, which leads to perceptions of judicial bias. Another barrier is jurisdiction, because many international courts will only hear a case if a state has agreed to the jurisdiction of a court by treaty or other means. Justice is in fact further delayed by the slow justice of international courts, created by procedural requirements and considerations of diplomacy.

Several landmark cases illustrate the importance of international courts in global governance. For instance, Nicaragua v. United States of America, On 9 April 1984 Nicaragua filed an application instituting proceedings against the United States of America, together with a Request for the indication of provisional measures concerning a dispute relating to responsibility for military and paramilitary activities in and against Nicaragua[3]. The ICJ ruled against the United States for its involvement in Nicaragua’s civil conflict. The United States did not comply with the ruling, but it was a landmark ruling with ramifications on the doctrine of non-interference in a sovereign state. The ICC’s conviction of Thomas Lubanga, in The Prosecutor vs Thomas Lubanga Dyilo, a Congolese warlord, found guilty, on 14 March 2012, of the war crimes of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities (child soldiers). [4] Similarly, in EC – Bananas (1997), the WTO ruled against the European Union’s preferential trade agreements[5], leading to reforms in global trade policies.

What can be the solution?

With the rise in global conflicts and law complexities, the evolution of the role of international courts is anticipated. Among these possible enhancements would be improved enforcement mechanisms through diplomatic and economic measures, a broader jurisdiction of the ICC or similar courts to include more international crimes, improved efficiencies resulting from reforms to procedural laws, and the introduction of technological advances such as issues of digital evidence and artificial intelligence. Such improvements could result in better case management and some increased transparency, making international courts a more effective means to deliver justice.

The international Courts are vital for maintaining global order, resolving disputes and upholding justice. Despite facing issues related to enforcement, political influence, and jurisdiction, their role in supporting international law remainsvaluable. Strengthening these institutions through reforms and global cooperation will further enhance their ability to address disputes effectively, contributing to a more just and peaceful world.

References

[1] About the Court, https://www.icc-cpi.int/about/the-court (last visited Mar 31, 2025).

[2] Id.

[3] Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), https://www.icj-cij.org/case/70 (last visited Mar 31, 2025).

[4] Lubanga | International Criminal Court, https://www.icc-cpi.int/drc/lubanga (last visited Mar 31, 2025).

[5] WTO | dispute settlement - the disputes - DS27, https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds27_jmp_test_e.htm (last visited Mar 31, 2025).