Justice beyond borders: inside the tribunal that governs the world’s seas

Justice beyond borders: inside the tribunal that governs the world’s seas | Photo: Petra Fritz

Here, at the International Tribunal for the Law of the Sea (ITLOS) in Hamburg, one stands on extraterritorial ground rather than in the Federal Republic of Germany. The tribunal is also among the few in the world where hearings can be followed via livestream.

ITLOS became widely known in 2013 when it ruled on the release of the Greenpeace vessel Arctic Sunrise, which had been detained after entering Russian territorial waters in the Barents Sea.

Foundation and role of the tribunal

ITLOS is not often called upon – on average, only one or two cases are heard each year. When cases do arise, however, they tend to involve significant financial interests or complex issues of international law. The tribunal’s mission is to resolve maritime disputes peacefully and within the framework of international law.

The tribunal’s annual budget of around ten million euros is financed by its 166 member states. Once a dispute reaches ITLOS, the parties no longer pay court fees, although each side covers its own legal costs.

Since 1996, and officially since 2000, ITLOS has been located in a purpose-built complex in the Hamburg district of Nienstedten, set within a landscaped park overlooking the River Elbe. The building’s design, featuring glass, blue and white tones, and natural wood, reflects a maritime theme. The 30,000-square-metre site is enclosed and monitored by security systems, and visitors must pass through a control point and show identification before entry.

House rules and procedures

Once past the security gate, visitors step onto international territory. The tribunal’s flag, bearing the scales of justice above stylised waves, flies at the entrance.

The spacious entrance hall houses a detailed model of the Wappen von Hamburg I, a 17th-century sailing ship. On the first floor, visitors can find a small exhibition on the tribunal’s history and its judges. One symbolic item on display is the ceremonial key handed to ITLOS by UN Secretary-General Kofi Annan during the official inauguration on 3 July 2000.

The tribunal’s spokesperson, Julia Ritter, oversees a wide range of duties, from visitor coordination to the organisation of official photographs. When hearings are held, the 250 seats for press and public observers are quickly filled. In the courtroom itself, up to 80 lawyers, 21 judges, and around 35 staff from about 20 countries may be present, including interpreters and stenographers. The official working languages are English and French.

Composition of the judiciary

During formal sessions, the judges, dressed in dark blue robes, process solemnly around the semi-circular dais before taking their seats. Reflecting the global nature of maritime law, they come from all five continents.Since October 2023, the tribunal has been presided over by Tómas Heiðar of Iceland. He is the only judge based permanently in Hamburg, while the other judges travel from their respective home countries as required. Many have served as ambassadors or legal advisers in their governments.

In the current Heroic Idun proceedings, the presiding judge, Hoffmann, is from South Africa, with associate judges Infante from Chile and Brown from Jamaica.

In recent years, cases before ITLOS have increasingly concerned issues such as maritime boundaries, illegal fishing, environmental protection, and seabed mining. Although the sea does not belong to any single state, it is by no means beyond the reach of law. Matters such as fishing rights and seabed resources are regulated by international conventions, while ships themselves are subject to the jurisdiction of the country whose flag they fly.

Relationship between the Tribunal and the Law of the Sea Convention

ITLOS operates under the United Nations Convention on the Law of the Sea (UNCLOS), which came into force in 1994. With over 300 articles, UNCLOS remains the most comprehensive treaty in international law. Negotiations began in 1973 and lasted almost a decade before the Convention was adopted in 1982. Nearly every country on earth is now a party to it, with the notable exceptions of the United States and Turkey.

When disputes arise over the interpretation or application of UNCLOS, states may turn to the International Court of Justice in The Hague, to arbitration, or to ITLOS in Hamburg. In some cases, ITLOS also deals with matters referred by international organisations. Unlike the International Court of Justice, its jurisdiction extends to specialised areas such as prompt release of vessels and seabed disputes, though private individuals cannot directly submit cases.

The Heroic Idun case

The current case concerns the tanker Heroic Idun, registered under the flag of the Marshall Islands and operated by Idun Maritime Ltd, based on the Isle of Man. The vessel, chartered by British Petroleum, was detained in August 2022 by the authorities of Equatorial Guinea and Nigeria near an offshore oil platform. It was accused of attempting to load oil without authorisation and of faking a pirate attack – allegations strongly denied by the ship’s operators.

The detention attracted international attention because the 26 crew members were held for almost three months before being released. Following unsuccessful diplomatic efforts, the Marshall Islands brought the case before ITLOS to secure the release of the ship and its crew. The dispute was eventually settled through financial arrangements, although the details remain confidential.

The Marshall Islands have since reinitiated legal proceedings, seeking not only to establish the vessel’s innocence but also to secure compensation for losses reportedly incurred, including alleged damage to the ship and the treatment of its crew while in detention, with the total claim amounting to 43 million dollars.

Documents submitted to the tribunal include radio communication logs and crew testimony. Reports from maritime sources indicate that the ship was not engaged in illegal activity and that its crew were unaware of the identity of the approaching coastguard vessel, which had reportedly switched off its transponder.

Public hearings for the Heroic Idun case began in October 2025, with judgment expected in 2026. Both parties are represented by senior state officials and experienced international counsel.

Costs and the pursuit of justice

The tribunal’s construction, costing around 60 million euros, was jointly financed by the Federal Republic of Germany and the City of Hamburg. While such expenses are sometimes questioned, ITLOS plays a crucial role in ensuring peaceful resolution of maritime disputes and upholding international law.

For the Heroic Idun’s multinational crew – which included nationals of India, Sri Lanka, Poland, and the Philippines – ITLOS provided a path to release and a platform for accountability. The tribunal’s existence also serves as a deterrent against abuses of authority at sea and as an international safeguard for maritime justice.

ITLOS judgments are final and binding, though the tribunal has no direct enforcement powers. Compliance relies on the good faith of member states and diplomatic pressure when necessary.

The forthcoming decision in the Heroic Idun case will be closely watched, as it touches not only on legal accountability but also on the fundamental question of how justice is defined and upheld in international waters.