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. Two such courts are presently located at The Hague in the Netherlands: 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 |
---|---|---|---|
African Court of Justice | Africa | 2009–present | Interpretation of AU treaties |
African Court on Human and Peoples' Rights | Africa | 2006–present | Human rights |
Appellate Body of the World Trade Organization | Global | 1995–present | Trade disputes within the WTO |
Benelux Court of Justice | Benelux | 1975–present | Trade disputes within Benelux |
Caribbean Court of Justice | Caribbean | 2005–present | General disputes |
COMESA Court of Justice | Africa | 1998–present | Trade disputes within COMESA |
Common Court of Justice and Arbitration of the OHADA | Africa | 1998–present | Interpretation of OHADA treaties and uniform laws |
Court of Justice of the Andean Community | South America | 1983–present | Trade disputes within CAN |
Court of the Eurasian Economic Union | Former USSR | 2015–present | Economic disputes and interpretation of treaties within the EAEU |
East African Court of Justice | Africa | 2001–present | Interpretation of EAC treaties |
Eastern Caribbean Supreme Court | Caribbean | 1967–present | General disputes |
Economic Court of the Commonwealth of Independent States | Former USSR | 1994–present | Economic disputes and interpretation of treaties within the CIS |
ECOWAS Community Court of Justice | Africa | 1996–present | Interpretation of ECOWAS treaties |
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 |
Inter-American Court of Human Rights | Americas | 1979–present | Human rights |
International Court of Justice | Global | 1945–present | General disputes |
International Criminal Court | Global | 2002–present | Criminal prosecutions |
International Criminal Tribunal for Rwanda | Rwanda | 1994−2015 | Criminal prosecutions |
International Criminal Tribunal for the former Yugoslavia | Former Yugoslavia | 1993−2017 | Criminal prosecutions |
International Military Tribunal | Europe | 1945–1946 | Criminal prosecutions |
International Military Tribunal for the Far East | Pacific | 1946−1948 | Criminal prosecutions |
International Residual Mechanism for Criminal Tribunals | Global | 2012−present | Criminal prosecutions |
International Tribunal for the Law of the Sea | Global | 1994–present | Maritime disputes |
Permanent Court of International Justice | Global | 1922–1946 | General disputes |
Residual Special Court for Sierra Leone | Sierra Leone | 2013−present | Criminal prosecutions |
SADC Tribunal | Africa | 2005–2012 | Interpretation of SADC treaties |
Special Court for Sierra Leone | Sierra Leone | 2002−2013 | Criminal prosecutions |
Special Tribunal for Lebanon | Lebanon | 2009−present | Criminal prosecutions |
List of hybrid tribunals
Name | Scope | Years active | Subject matter |
---|---|---|---|
Extraordinary African Chambers | Chad | 2013–present | Criminal prosecutions |
Extraordinary Chambers in the Courts of Cambodia | Cambodia | 2006–present | Criminal prosecutions |
Residual Special Court for Sierra Leone | Sierra Leone | 2013−present | Criminal prosecutions |
Special Court for Sierra Leone | Sierra Leone | 2002–2013 | 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 (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)
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.