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.

Definition

An international court is an international organization, or a body of an international organization, that hears cases in which one party may be a state or international organization (or body thereof), and which is composed of independent judges who follow predetermined rules of procedure to issue binding decisions on the basis of international law.[1]

History

Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II. Two such international 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 International Criminal Tribunal for Rwanda that deals with the genocide in Rwanda. In addition to international tribunals created to address crimes committed during genocides and civil war, ad hoc courts and tribunals combining international and domestic strategies have also been established on a situational basis. Examples of these “hybrid tribunals” are the Special Court for Sierra Leone, Special Tribunal for Lebanon, Special Panels of the Dili District Court in East Timor, and the Extraordinary Chambers in the Courts of Cambodia.

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

Defendants in the dock at the International Military Tribunal in Nuremberg
Name Scope Organization Years active Subject matter
African Court of Justice Africa  African Union 2009–present Interpretation of AU treaties
African Court on Human and Peoples' Rights Africa  African Union 2006–present Human rights
Appellate Body of the World Trade Organization Global World Trade Organization 1995–present Trade disputes within the WTO
Benelux Court of Justice Benelux Benelux Union 1975–present Trade disputes within Benelux
Caribbean Court of Justice Caribbean  Caribbean Community 2005–present General disputes
COMESA Court of Justice Africa Common Market for Eastern and Southern Africa 1998–present Trade disputes within COMESA
Common Court of Justice and Arbitration of the OHADA Africa OHADA 1998–present Interpretation of OHADA treaties and uniform laws
Court of Justice of the Andean Community South America  Andean Community 1983–present Trade disputes within CAN
Court of the Eurasian Economic Union Former USSR  Eurasian Economic Union 2015–present Economic disputes and interpretation of treaties within the EAEU
East African Court of Justice Africa  East African Community 2001–present Interpretation of EAC treaties
Eastern Caribbean Supreme Court Caribbean Organisation of Eastern Caribbean States 1967–present General disputes
Economic Court of the Commonwealth of Independent States Former USSR  Commonwealth of Independent States 1994–present Economic disputes and interpretation of treaties within the CIS
ECOWAS Community Court of Justice Africa Economic Community of West African States 1996–present Interpretation of ECOWAS treaties
European Court of Human Rights Europe  Council of Europe 1959–present Human rights
European Court of Justice Europe  European Union 1952–present Interpretation of EU law
European Free Trade Association Court Europe European Free Trade Association 1994–present Interpretation of EFTA law
European Nuclear Energy Tribunal Europe Organisation for Economic Co-operation and Development 1960–present Nuclear energy disputes
Inter-American Court of Human Rights Americas  Organization of American States 1979–present Human rights
International Court of Justice Global  United Nations 1945–present General disputes
International Criminal Court Global  United Nations 2002–present Criminal prosecutions
International Criminal Tribunal for Rwanda Rwanda  United Nations 1994−2015 Criminal prosecutions for the Rwandan genocide
International Criminal Tribunal for the former Yugoslavia Former Yugoslavia  United Nations 1993−2017 Criminal prosecutions for the Yugoslav Wars
International Military Tribunal Europe Allied Powers 1945–1946 Criminal prosecutions of Nazi German officials after World War II and the Holocaust
International Military Tribunal for the Far East Pacific Allied Powers 1946−1948 Criminal prosecutions of Imperial Japanese officials after World War II
International Residual Mechanism for Criminal Tribunals Global  United Nations 2012−present Criminal prosecutions
International Tribunal for the Law of the Sea Global  United Nations 1994–present Maritime disputes
Permanent Court of International Justice Global  League of Nations 1922–1946 General disputes
Residual Special Court for Sierra Leone Sierra Leone  United Nations 2013−present Criminal prosecutions
SADC Tribunal Africa Southern African Development Community 2005–2012 Interpretation of SADC treaties
Special Court for Sierra Leone Sierra Leone  United Nations 2002−2013 Criminal prosecutions after the Sierra Leone Civil War
Special Tribunal for Lebanon Lebanon  United Nations 2009−present Criminal prosecutions for the assassination of Lebanese Prime Minister Rafic Hariri
Judicial Committee of the Privy Council Former British Empire Commonwealth of Nations 1833-present General disputes

List of hybrid tribunals

Name Scope Years active Subject matter
Extraordinary African Chambers  Chad 2013–present Criminal prosecutions for crimes against humanity committed during President Hissène Habré's tenure
Extraordinary Chambers in the Courts of Cambodia  Cambodia 2006–present Criminal prosecutions of Khmer Rouge officials for the Cambodian genocide
Kosovo Specialist Chambers  Kosovo 2017–present Criminal prosecutions of Kosovo Liberation Army officials for war crimes during the Kosovo War
Residual Special Court for Sierra Leone  Sierra Leone 2013−present Criminal prosecutions for war crimes during the Sierra Leone Civil War
Special Court for Sierra Leone 2002–2013
Special Panels of the Dili District Court  East Timor 2000–2006 Criminal prosecutions for war crimes during the 1999 East Timorese crisis
Special Tribunal for Lebanon  Lebanon 2009−present Criminal prosecutions for the assassination of Lebanese Prime Minister Rafic Hariri

Lectures

References

  1. Romano, Cesare P.R.; Alter, Karen J.; Shany, Yuval (2013). The Oxford Handbook of International Adjudication. Oxford University Press. p. 4–9. ISBN 9780199660681.
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