International dispute resolution

The essentials

The UN Charter requires states to settle their disputes by peaceful means. Article 33 of the Charter lists these means: negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of the parties' choice. Diplomatic methods leave the solution to the parties; legal methods (arbitration and judicial settlement) produce binding decisions.

Key points

• International Court of Justice (ICJ): located at The Hague; 15 judges elected for nine-year terms by the General Assembly and Security Council. It has contentious jurisdiction (disputes between states, only with their consent) and advisory jurisdiction (opinions on legal questions asked by authorised UN organs and agencies). Only states can be parties to contentious cases.
• Example: in the Jadhav case (India v. Pakistan), the ICJ found that Pakistan had breached the Vienna Convention on Consular Relations.
• Permanent Court of Arbitration (1899): provides facilities for inter-state and other arbitrations.
• International Criminal Court (ICC): created by the Rome Statute (1998), functioning from 2002, also at The Hague. It tries individuals for genocide, crimes against humanity, war crimes and the crime of aggression. It works on the principle of complementarity – it acts only when national courts are unwilling or unable. India is not a party to the Rome Statute.
• Other bodies: the International Tribunal for the Law of the Sea (Hamburg) under UNCLOS, and the WTO dispute settlement system for trade disputes.

Exam tips

• ICJ = disputes between states; ICC = criminal trials of individuals. This contrast is the most frequently tested point.
• Remember that ICJ jurisdiction depends on consent.

Common mistakes

• Thinking the ICC is a UN organ – it is an independent treaty-based court.
• Saying individuals can file cases in the ICJ.