No claim for a violation of rights may be brought before the International Court of Human Rights until the claim has first been brought in the Domestic Courts of the country in which the claim arose, including an appeal to the highest Domestic Appellate Court, as well as any Regional Court. A case may originate at the Regional Court if there is a showing of strong and convincing evidence that redress from the Domestic Court is untimely or impracticable.
Kirk Boyd says
Article 31 creates an exhaustion requirement. This is in respect for the courts of states, nations, and the Regional Courts. The goal of IBOR is to have it develop so that most rights are developed by judges in the state, national and Regional Courts. Only a small number of crucial cases expected to be reviewed by the International Court, and even then, it should be with the primary purpose of aiding in the harmonization of lower court decisions.