International procedures
What are the main international jurisdictions?
The main international jurisdictions are:
The International Criminal Court (ICC)
The International Court of Justice (ICJ)
The European Court of Human Rights (ECHR)
The Court of Justice of the European Union (CJEU)
The Permanent Court of Arbitration (PCA)
What is the mission of the International Criminal Court (ICC)?
The ICC tries those accused of the most serious crimes: genocide, war crimes, crimes against humanity, and crimes of aggression. It intervenes when national jurisdictions are failing or inactive.
How to contact the ICC?
The ICC may be seized by:
A State party to the Rome Statute
The United Nations Security Council
The ICC prosecutor, on his own initiative (under conditions)
Are ICC decisions binding?
Yes, ICC decisions are binding on States Parties. However, their enforcement depends on the cooperation of States.
What is the role of the International Court of Justice (ICJ)?
The ICJ settles legal disputes between states and issues advisory opinions to UN bodies. It has jurisdiction only over states, not individuals.
Can we appeal directly to the ICJ?
Only UN member states can refer cases to the ICJ, with the agreement of both parties to the dispute. Individuals or NGOs cannot refer cases.
Are ICJ decisions binding?
Yes, but only for states that have accepted its jurisdiction. The Security Council can be called upon to ensure its implementation.
What is the European Court of Human Rights (ECHR)?
The ECHR protects the rights and freedoms guaranteed by the European Convention on Human Rights. Any individual who believes that a member state has violated their rights can apply to it.
Are ECHR decisions binding?
Yes, they are binding on the condemned States, which must implement the judgments under the supervision of the Committee of Ministers of the Council of Europe.
What is the Court of Justice of the European Union (CJEU)?
The CJEU ensures the uniform interpretation of EU law. It has jurisdiction over actions for failure to fulfil obligations, preliminary rulings, and actions for annulment.
Who can refer a case to the CJEU?
European institutions, Member States, and in certain cases individuals, can refer matters to the CJEU according to specific procedures.
Does the CJEU issue binding decisions?
Yes, its judgments are binding and directly applicable in the legal order of the European Union.
What is the role of the Permanent Court of Arbitration (PCA)?
The PCA conducts arbitration proceedings between states, public and private entities. It has jurisdiction over disputes relating to investments, maritime disputes, borders, etc.
How to contact the CPA?
The PCA is seized based on arbitration clauses contained in treaties, conventions, or contracts. The procedure is voluntary and based on the consent of the parties.
How long do proceedings before these courts last?
Deadlines vary:
ICC: several years (complex investigations and trials)
CIJ: 1 to 5 years on average
ECHR: 2 to 5 years on average
CJEU: 1 to 2 years depending on the procedure
CPA: variable, often 1 to 3 years
Can the decisions of these courts be appealed?
Depending on the jurisdiction, there are avenues of appeal: appeal (ICC), review or interpretation (ICJ, ECHR, PCA), preliminary ruling or review (CJEU).
