English (Advanced) - Advance English Lessons - Three

Todd: In most countries, lawyers are required to pass a qualifying exam before they can practice. To work within this international court system, do you also have to pass a special examination?

Katia: Not exactly. First, you must already be a certified lawyer in your own country. After that, you can specialize in international or human rights law. For international law, there isn’t a separate exam—as long as you have already passed the national bar in your country. Once you’ve completed the necessary studies, you can practice as an international lawyer.

Todd: I see. And when a case is brought before this international court, is it decided by a jury, a single judge, or a panel of judges?

Katia: It’s decided by a panel of judges. If I recall correctly, there are seven judges, each representing different countries across the Americas.

Todd: So, you never have two judges from the same country?

Katia: Very rarely. The judges almost always come from different nations to ensure fairness and diversity of perspective.

Todd: You also mentioned a Commission earlier. What exactly is that?

Katia: The Commission is actually the first body to which a case must be submitted. You don’t go directly to the Court. The Commission reviews the case first, and if it finds that a state has violated someone’s rights, it can then refer the case to the Court. So, the Commission acts as a preliminary filter before the case reaches the Court.

Todd: So if someone has a grievance, they first approach the Commission, which then decides whether the case should move on to the Court?

Katia: Exactly. The Commission first issues its own decision or recommendation, stating what the country should or should not do. If the state fails to comply, the individual who brought the case may then take it to the Court—but not all cases reach that stage. Essentially, there’s an initial ruling before the matter can proceed to the Court.

Todd: That’s very interesting. And typically, when someone files a case, how long does the entire process take from start to finish?

Katia: Unfortunately, quite a long time—often several years. The Commission currently has such a large backlog that it can take up to five years before they even review a new case. So yes, the process is lengthy.

Todd: That’s indeed a long wait.

Katia: Yes, it is.