The Subtle Architecture of Sovereignty & Justice
written by Jozef Borja-Erece
From the heart of Europe to the deserts of the Middle East, across Africa’s plains, the Americas, and the vast stretches of the Asia-Pacific, struggles for sovereignty, justice, and order play out in every corner.
Yet the rules that govern nations and individuals have never been more complex.
From war crimes tribunals through trade disputes and human rights enforcement, international justice operates at the crossroads of law and politics.
This discourse offers a candid overview of the key institutions shaping the international justice system today, such as the United Nations, the International Court of Justice, the International Criminal Court, ad hoc tribunals, arbitration mechanisms, and sovereign national courts, examining their respective roles in the ever-evolving global order.
The United Nations and Its Charter
Key to understanding how the international justice system works is an account of the overarching role and purpose of the United Nations (UN).
The UN is an international organization that was founded in 1945 in the aftermath of the Second World War, with the primary objective of fostering international peace and security.
Established by fifty-one (51) founding nations, the UN has since grown to encompass nearly every sovereign state, providing a platform for diplomacy, conflict resolution, and global co-operation on economic, social, and humanitarian issues.
At the core of the UN's mission is the United Nations Charter, a foundational treaty that outlines the principles and purposes of the organization. The Charter was signed on 26 June 1945 in San Francisco and came into force on 24 October 1945.
Key Principles of the UN Charter
Maintaining International Peace and Security – The UN is empowered to take collective measures to prevent and remove threats to peace. This includes peacekeeping operations, mediation, and, in extreme cases, sanctions or military intervention.
Sovereign Equality of All Members – All member states, regardless of their size or power, are considered equal under international law.
Non-Interference in Domestic Affairs – The UN generally does not intervene in the internal matters of states, except in cases where peace and security are at risk.
Self-Determination of Peoples – The Charter recognizes the right of all peoples to determine their own political status and pursue economic, social, and cultural development.
Cooperation for Economic and Social Progress – The UN facilitates collaboration in areas such as human rights, environmental protection, poverty reduction, and humanitarian aid.
Main Organs of the United Nations
The UN is structured into several key bodies, each serving a distinct role:
The General Assembly – The primary deliberative body where all member states have equal representation. It discusses global issues and passes resolutions.
The Security Council – Responsible for maintaining international peace and security. It consists of five permanent members (the United States of America, the United Kingdom, France, Russia, and China) with veto power and ten rotating members elected for two-year terms.
The International Court of Justice – Settles legal disputes between nations and provides advisory opinions on international legal issues.
The Secretariat – Led by the Secretary-General, it oversees the administration and implementation of UN policies.
The Economic and Social Council (ECOSOC) – Coordinates efforts related to sustainable development, human rights, and global economic cooperation.
The Trusteeship Council – Initially established to oversee territories transitioning to independence, its role has diminished over time.
Since its inception, the UN has played a critical role in efforts at decolonization, humanitarian aid, international law, and environmental sustainability. However, it has also faced criticism regarding bureaucracy, inefficiency, and the political dominance of the Security Council’s permanent members. Despite these challenges, the UN remains the most significant global organization dedicated to collective action and multilateral diplomacy.
The International Court of Justice (ICJ)
The ICJ, also known as the World Court, is the judicial arm of the UN. It handles disputes between states such as territorial conflicts, treaty violations, and accusations of unlawful use of force.
Unlike domestic courts, the ICJ does not have enforcement power. Its rulings depend on states voluntarily complying. Political considerations often determine whether its judgments are followed, as seen in cases where powerful states simply ignore adverse rulings.
The International Criminal Court (ICC)
While the ICJ settles disputes between nations, the ICC prosecutes individuals for crimes like genocide, war crimes, and crimes against humanity. Established by the Rome Statute in 2002, it is the first permanent international court for such crimes.
However, its legitimacy is contested.
Major powers like the United States of America, China, and Russia have refused to join, and African nations have accused it of disproportionately targeting their leaders.
Without its own enforcement arm, the ICC generally relies on state co-operation, making prosecutions politically challenging.
International Criminal Tribunals
Before the ICC, the world relied on temporary courts, or ad hoc tribunals, to address mass atrocities.
Examples include the Nuremberg and Tokyo trials after the Second World War, the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR).
While these tribunals were instrumental in holding war criminals accountable, they were often criticized for selective justice in that they were established only when politically convenient.
Arbitration and Dispute Resolution
Beyond courts, international disputes, especially in business and trade, are often resolved through arbitration.
Organizations like the Permanent Court of Arbitration (PCA) and tribunals under the World Trade Organization (WTO) provide neutral grounds for settling conflicts.
Investment disputes, maritime boundaries, and commercial disagreements are frequently handled this way.
While arbitration offers efficiency and confidentiality, critics argue it lacks transparency and favours corporate interests over national sovereignty.
National Courts
Despite the growth of international law, sovereign national courts still play a crucial (if not the most central) role in the framework of the international justice system.
Many countries prosecute war crimes, enforce human rights, and regulate international businesses within their own legal systems.
Some states claim universal jurisdiction, allowing them to try individuals for serious crimes regardless of where they occurred. However, sovereignty concerns often lead states to resist foreign legal interference, creating tensions between national and international legal frameworks.
The Future of International Justice
At heart, international law and the international justice system at large remain creatures of political will.
Institutions like the ICJ and ICC have emerged, but their effectiveness hinges on the compliance of sovereign states. Major powers often disregard rulings or selectively use legal frameworks to serve their interests. While international justice strives to uphold universal principles, it is inevitably shaped by geopolitics, power dynamics, and diplomacy.
Yet, despite the inherent challenges of navigating a fractured global order, marked by rising multipolarity and unprecedented cross-border interconnectedness, the architecture of international justice continues to evolve.
The pressing question remains: can it adapt swiftly enough to meet the demands of a rapidly changing world?