How Does International Law Actually Work?

International law is the set of rules countries use to deal with each other.

Some of those rules come from ‘treaties’, which are formal agreements between countries. For example, countries sign treaties about things like trade, borders, climate change and how civilians must be treated during war.

International law is not one giant rulebook. It is a collection of agreements and accepted rules that help countries answer practical questions like:

In simple terms, it is the legal system countries use to manage their relationships with one another.

International law gives countries ways to settle disputes without simply relying on power. Imagine two countries disagree over where their waters begin and end. That matters because it can affect who has rights over fishing, oil, gas and other resources.

They might negotiate directly. If that fails, they can use ‘arbitration’, which is where independent experts hear both sides and make a decision. In some cases, the dispute can go to the International Court of Justice (ICJ).

The ICJ deals with legal disputes between countries, including borders, treaties and the use of force. The International Criminal Court (ICC) is different. It deals with individual people accused of serious crimes such as genocide, war crimes and crimes against humanity.

A simple way to remember it:

ICJ = countries.
ICC = individuals.

So the court or process used depends on who is involved and what the dispute is about.

There is no global police force that can simply arrest a country for breaking the rules. Instead, enforcement usually depends on other countries and international organisations putting pressure on the country involved.

One tool is sanctions. These are penalties designed to make breaking the rules more costly. For example, countries might freeze money held overseas, block certain exports, restrict travel, or stop particular companies and individuals from doing business internationally.

International courts can issue judgments too, but they do not have their own police force to carry them out. If a country refuses to comply with an ICJ judgment, the other country can take the matter to the UN Security Council.

This is also why enforcement can become political. The Security Council has five permanent members and each can block major Council decisions with a ‘veto’. So powerful countries can sometimes be harder to pressure because they may have greater economic influence, military strength, strong allies or a permanent seat on the Security Council.

This is the central challenge of international law: the rules exist, but enforcing them often depends on countries being willing and able to act.

Advertisement

If you have paid time left on an individual Granola plan, we'll match it with a Wispr Flow subscription that includes Notetaker and dictation, and add bonus time, up to 12 months total. Sign in or create a Wispr account and submit proof of your plan to check eligibility.

Try Notetaker Free

End of Advertisement

The list below shows the 34 ICC defendants currently at large, meaning the Court has issued arrest warrants for these individuals but they have not yet been arrested and brought into ICC custody. It highlights a key limit of international law, because the Court still relies on countries to make those arrests and hand the individuals over.

Once they are arrested they are surrendered and transferred to the ICC Detention Centre located in The Hague, Netherlands.

Click here for the full ICC list with charges.

In 1985, French secret agents planted explosives on the ‘Rainbow Warrior’, a Greenpeace ship docked in Auckland, New Zealand. The ship sank and a photographer on board, Fernando Pereira, was killed.

The attack caused a major dispute between France and New Zealand because French government agents had carried out the operation inside New Zealand’s territory.

Rather than the dispute escalating further, the two countries eventually asked the UN Secretary-General to help settle it. France formally apologised and was ordered to pay New Zealand US$7 million in compensation.

Treaty
A formal agreement between countries that creates legal commitments.

Arbitration
A way of settling a dispute where independent experts hear both sides and make a decision.

Sanctions
Penalties used to put pressure on a country, organisation or individual, such as freezing money, restricting trade or imposing travel bans.

Veto
The power to block a decision. At the UN Security Council, any of the five permanent members can use a veto to stop a major resolution from being adopted. Permanent members: China, France, Russia, the United Kingdom, and the United States.

ICJ
The International Court of Justice, which settles legal disputes between countries.

ICC
The International Criminal Court, which prosecutes individuals accused of serious international crimes such as genocide, war crimes and crimes against humanity.