International court
International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority.
Criminal and civil matters
Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II. Three such courts are presently located at The Hague in the Netherlands: the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Court of Justice (ICJ), and the International Criminal Court (ICC). Further international courts exist elsewhere, usually with their jurisdiction restricted to a particular country or issue, such as the one dealing with the genocide in Rwanda. In addition to international tribunals created to address crimes committed during genocides and civil war, ad hoc courts combining international and domestic strategies have also been established on a situational basis. Examples of these “hybrid tribunals” are found in Sierra Leone, Lebanon, East Timor, and Cambodia.
International Courts are permanent tribunals judging by International laws and treaties, also when these norms are on civil and commercial matters.[1] International courts should be distinguished from international arbitration forums.
Privileges and immunities
Judges and high-level staff of such courts may be afforded diplomatic immunity if their governing authority allows.
List of international courts
Name | Scope | Years active | Subject matter |
---|---|---|---|
International Court of Justice | Global | 1945–present | General disputes |
International Criminal Court | Global | 2002–present | Criminal prosecutions |
Permanent Court of International Justice | Global | 1922–1946 | General disputes |
Appellate Body | Global | 1995–present | Trade disputes within the WTO |
International Tribunal for the Law of the Sea | Global | 1994–present | Maritime disputes |
African Court of Justice | Africa | 2009–present | Interpretation of AU treaties |
African Court on Human and Peoples' Rights | Africa | 2006–present | Human rights |
COMESA Court of Justice | Africa | 1998–present | Trade disputes within COMESA |
ECOWAS Community Court of Justice | Africa | 1996–present | Interpretation of ECOWAS treaties |
East African Court of Justice | Africa | 2001–present | Interpretation of EAC treaties |
SADC Tribunal | Africa | 2005–2012 | Interpretation of SADC treaties |
Common Court of Justice and Arbitration of the OHADA | Africa | 1998-present | Interpretation of OHADA treaties and uniform laws |
Caribbean Court of Justice | Caribbean | 2005–present | General disputes |
Court of Justice of the Andean Community | South America | 1983–present | Trade disputes within CAN |
Eastern Caribbean Supreme Court | Caribbean | 1967–present | General disputes |
Inter-American Court of Human Rights | Americas | 1979–present | Human rights |
Benelux Court of Justice | Benelux | 1975–present | Trade disputes within Benelux |
Economic Court of the Commonwealth of Independent States | Former USSR | 1994–present | Economic disputes and interpretation of treaties within the CIS |
European Court of Human Rights | Europe | 1959–present | Human rights |
European Court of Justice | Europe | 1952–present | Interpretation of EU law |
European Free Trade Association Court | Europe | 1994–present | Interpretation of EFTA law |
European Nuclear Energy Tribunal | Europe | 1960–present | Nuclear energy disputes |
European Union Civil Service Tribunal | Europe | 2005–2016 | Civil disputes |
International Military Tribunal | Europe | 1945–1946 | Criminal prosecutions |
International Military Tribunal for the Far East | Pacific | 1946−1948 | Criminal prosecutions |
International Criminal Tribunal for the former Yugoslavia | Former Yugoslavia | 1993−present | Criminal prosecutions |
International Criminal Tribunal for Rwanda | Rwanda | 1994−2015 | Criminal prosecutions |
Mechanism for International Criminal Tribunals | Global | 2012−present | Criminal prosecutions |
Special Court for Sierra Leone | Sierra Leone | 2002−present | Criminal prosecutions |
Special Tribunal for Lebanon | Lebanon | 2009−present | Criminal prosecutions |
List of hybrid tribunals
Name | Scope | Years active | Subject matter |
---|---|---|---|
Extraordinary African Chambers in Senegal[2] | Chad | 2013–present | Criminal prosecutions |
Khmer Rouge Tribunal | Cambodia | 2006–present | Criminal prosecutions |
Special Court for Sierra Leone | Sierra Leone | 2002–present | Criminal prosecutions |
Special Panels of the Dili District Court | East Timor | 2000-2006 | Criminal prosecutions |
Special Tribunal for Lebanon | Lebanon | 2009−present | Criminal prosecutions |
Lectures
- Lecture by Yuval Shany entitled Assessing the Effectiveness of International Courts: A Goal-based Approach in the Lecture Series of the United Nations Audiovisual Library of International Law
- Lecture by Sir Elihu Lauterpacht entitled The Role of the International Judge in the Lecture Series of the United Nations Audiovisual Library of International Law
- Lecture by Kenneth Keith entitled Aspects of the Judicial Process in National and International Courts and Tribunals in the Lecture Series of the United Nations Audiovisual Library of International Law
- Lecture by Mark Weston Janis entitled Protestants, Progress and Peace: the 19th Century Movement for an International Court and Congress: Early Drafts of Today's International Court and the United Nations in the Lecture Series of the United Nations Audiovisual Library of International Law
References
- ↑ There are questions about virtual contradictions from overlapping between the international courts and between them and the Italian Courts: Buonomo, Giampiero (2011). "Diritti umani: in Europa l’Italia è una voce fuori dal coro". Golem informazione. – via Questia (subscription required)
- ↑ "Statute of the Extraordinary African Chambers". Human Rights Watch. Retrieved 3 November 2014.
External links
- Project on International Courts and Tribunals, which maintains a second website focused on Africa at
- United Nations Rule of Law: Tribunals & Other Mechanisms, on the relationship between international courts and the rule of law.