International courts are formed by treaties between nations, or by 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.
History
Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II. Several such international courts are presently located in The Hague in the Netherlands, most importantly 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, a global or regional intergovernmental or supranational organisation, or historic 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
| Name | Subject matter and scope | Headquarters | Years active |
|---|---|---|---|
| African Court on Human and Peoples' Rights | Human rights within the African Union | Addis Ababa, Ethiopia (2006–7) Arusha, Tanzania (2007–present) | 2006–present |
| Appellate Body of the World Trade Organization | Trade disputes within the World Trade Organization | Geneva, Switzerland | 1995–present |
| Benelux Court of Justice | Trade disputes within the Benelux | Brussels, Belgium | 1975–present |
| Caribbean Court of Justice | General disputes within the Caribbean Community | Port of Spain, Trinidad and Tobago | 2005–present |
| CIS Economic Court | Trade disputes and interpretation of treaties within the Commonwealth of Independent States | Minsk, Belarus | 1994–present |
| COMESA Court of Justice | Trade disputes within the Common Market for Eastern and Southern Africa | Khartoum, Sudan | 1998–present |
| Common Court of Justice and Arbitration of the OHADA | Interpretation of OHADA treaties and uniform laws | Abidjan, Ivory Coast | 1998–present |
| Court of Justice of the Andean Community | Trade disputes within the Andean Community | Quito, Ecuador | 1983–present |
| Court of the Eurasian Economic Union | Trade disputes and interpretation of treaties within the Eurasian Economic Union | Minsk, Belarus | 2015–present |
| East African Court of Justice | Interpretation of East African Community treaties | Arusha, Tanzania | 2001–present |
| Eastern Caribbean Supreme Court | General disputes within the Organisation of Eastern Caribbean States | Castries, Saint Lucia | 1967–present |
| ECOWAS Court of Justice | Interpretation of Economic Community of West African States treaties | Abuja, Nigeria | 1996–present |
| European Court of Human Rights | Human rights within the Council of Europe | Strasbourg, France | 1959–present |
| European Court of Justice | Interpretation of European Union law | Luxembourg City, Luxembourg | 1952–present |
| European Free Trade Association Court | Interpretation of European Free Trade Association law | Luxembourg City, Luxembourg | 1994–present |
| European Nuclear Energy Tribunal | Nuclear energy disputes within the OECD | Paris, France | 1960–present |
| Inter-American Court of Human Rights | Human rights within the Organization of American States | San José, Costa Rica | 1979–present |
| International Court of Justice | General disputes globally (UN) | The Hague, Netherlands | 1945–present |
| International Criminal Court | Criminal prosecutions globally (Rome Statute) | The Hague, Netherlands | 2002–present |
| International Criminal Tribunal for Rwanda | Criminal prosecutions for the Rwandan genocide (UN) | Arusha, Tanzania | 1994−2015 |
| International Criminal Tribunal for the former Yugoslavia | Criminal prosecutions for the Yugoslav Wars (UN) | The Hague, Netherlands | 1993−2017 |
| International Military Tribunal | Criminal prosecutions of Nazi German officials for World War II/Holocaust (Nuremberg Charter) | Nuremberg, post-war Germany | 1945–1946 |
| International Military Tribunal for the Far East | Criminal prosecutions of Imperial Japanese officials for World War II (Tokyo Charter) | Tokyo, Japan | 1946−1948 |
| International Residual Mechanism for Criminal Tribunals | Completing the Rwanda and Yugoslav Tribunals' work (UN) | The Hague, Netherlands | 2012−present |
| International Tribunal for the Law of the Sea | Maritime disputes globally (UNCLOS) | Hamburg, Germany | 1994–present |
| Permanent Court of International Justice | General disputes globally (League of Nations) | The Hague, Netherlands | 1922–1946 |
| Residual Special Court for Sierra Leone | Completing the Special Court for Sierra Leone's work (UN) | Freetown, Sierra Leone | 2013−present |
| SADC Tribunal | Interpretation of Southern African Development Community treaties | Windhoek, Namibia | 2005–2012 |
| Special Court for Sierra Leone | Criminal prosecutions for the Sierra Leone Civil War (UN) | Freetown, Sierra Leone | 2002−2013 |
| Special Tribunal for Lebanon | Criminal prosecutions for the assassination of Lebanese Prime Minister Rafic Hariri (UN) | Leidschendam, Netherlands | 2009−2023 |
List of hybrid tribunals
| Name | Years active | Subject matter |
|---|---|---|
| Extraordinary African Chambers | 2013–present | Criminal prosecutions for crimes against humanity committed during President Hissène Habré's tenure |
| Extraordinary Chambers in the Courts of Cambodia | 2006–present | Criminal prosecutions of Khmer Rouge officials for the Cambodian genocide |
| Kosovo Specialist Chambers | 2017–present | Criminal prosecutions of Kosovo Liberation Army officials for war crimes during the Kosovo War |
| Residual Special Court for 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 | 2000–2006 | Criminal prosecutions for war crimes during the 1999 East Timorese crisis |
| Special Tribunal for Lebanon | 2009−2023 | Criminal prosecutions for the assassination of Lebanese Prime Minister Rafic Hariri |
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
See also
- International Anti-Corruption Court, proposed
- Judicial interpretation
References
- Romano, Cesare P.R.; Alter, Karen J.; Shany, Yuval (2013). The Oxford Handbook of International Adjudication. Oxford University Press. pp. 4–9. ISBN 9780199660681.
External links
- Project on International Courts and Tribunals, which maintains a second website focused on Africa at www.aict-ctia.org
- United Nations Rule of Law: Tribunals & Other Mechanisms (Archived 2021-04-27 at the Wayback Machine), on the relationship between international courts and the rule of law.
International courts are formed by treaties between nations or by 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 The International Criminal Court in The HagueDefinitionAn 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 HistoryEarly examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II Several such international courts are presently located in The Hague in the Netherlands most importantly 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 a global or regional intergovernmental or supranational organisation or historic 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 immunitiesJudges and high level staff of such courts may be afforded diplomatic immunity if their governing authority allows List of international courtsDefendants in the dock at the International Military Tribunal in NurembergName Subject matter and scope Headquarters Years activeAfrican Court on Human and Peoples Rights Human rights within the African Union Addis Ababa Ethiopia 2006 7 Arusha Tanzania 2007 present 2006 presentAppellate Body of the World Trade Organization Trade disputes within the World Trade Organization Geneva Switzerland 1995 presentBenelux Court of Justice Trade disputes within the Benelux Brussels Belgium 1975 presentCaribbean Court of Justice General disputes within the Caribbean Community Port of Spain Trinidad and Tobago 2005 presentCIS Economic Court Trade disputes and interpretation of treaties within the Commonwealth of Independent States Minsk Belarus 1994 presentCOMESA Court of Justice Trade disputes within the Common Market for Eastern and Southern Africa Khartoum Sudan 1998 presentCommon Court of Justice and Arbitration of the OHADA Interpretation of OHADA treaties and uniform laws Abidjan Ivory Coast 1998 presentCourt of Justice of the Andean Community Trade disputes within the Andean Community Quito Ecuador 1983 presentCourt of the Eurasian Economic Union Trade disputes and interpretation of treaties within the Eurasian Economic Union Minsk Belarus 2015 presentEast African Court of Justice Interpretation of East African Community treaties Arusha Tanzania 2001 presentEastern Caribbean Supreme Court General disputes within the Organisation of Eastern Caribbean States Castries Saint Lucia 1967 presentECOWAS Court of Justice Interpretation of Economic Community of West African States treaties Abuja Nigeria 1996 presentEuropean Court of Human Rights Human rights within the Council of Europe Strasbourg France 1959 presentEuropean Court of Justice Interpretation of European Union law Luxembourg City Luxembourg 1952 presentEuropean Free Trade Association Court Interpretation of European Free Trade Association law Luxembourg City Luxembourg 1994 presentEuropean Nuclear Energy Tribunal Nuclear energy disputes within the OECD Paris France 1960 presentInter American Court of Human Rights Human rights within the Organization of American States San Jose Costa Rica 1979 presentInternational Court of Justice General disputes globally UN The Hague Netherlands 1945 presentInternational Criminal Court Criminal prosecutions globally Rome Statute The Hague Netherlands 2002 presentInternational Criminal Tribunal for Rwanda Criminal prosecutions for the Rwandan genocide UN Arusha Tanzania 1994 2015International Criminal Tribunal for the former Yugoslavia Criminal prosecutions for the Yugoslav Wars UN The Hague Netherlands 1993 2017International Military Tribunal Criminal prosecutions of Nazi German officials for World War II Holocaust Nuremberg Charter Nuremberg post war Germany 1945 1946International Military Tribunal for the Far East Criminal prosecutions of Imperial Japanese officials for World War II Tokyo Charter Tokyo Japan 1946 1948International Residual Mechanism for Criminal Tribunals Completing the Rwanda and Yugoslav Tribunals work UN The Hague Netherlands 2012 presentInternational Tribunal for the Law of the Sea Maritime disputes globally UNCLOS Hamburg Germany 1994 presentPermanent Court of International Justice General disputes globally League of Nations The Hague Netherlands 1922 1946Residual Special Court for Sierra Leone Completing the Special Court for Sierra Leone s work UN Freetown Sierra Leone 2013 presentSADC Tribunal Interpretation of Southern African Development Community treaties Windhoek Namibia 2005 2012Special Court for Sierra Leone Criminal prosecutions for the Sierra Leone Civil War UN Freetown Sierra Leone 2002 2013Special Tribunal for Lebanon Criminal prosecutions for the assassination of Lebanese Prime Minister Rafic Hariri UN Leidschendam Netherlands 2009 2023List of hybrid tribunalsName Years active Subject matterExtraordinary African Chambers 2013 present Criminal prosecutions for crimes against humanity committed during President Hissene Habre s tenureExtraordinary Chambers in the Courts of Cambodia 2006 present Criminal prosecutions of Khmer Rouge officials for the Cambodian genocideKosovo Specialist Chambers 2017 present Criminal prosecutions of Kosovo Liberation Army officials for war crimes during the Kosovo WarResidual Special Court for Sierra Leone 2013 present Criminal prosecutions for war crimes during the Sierra Leone Civil WarSpecial Court for Sierra Leone 2002 2013Special Panels of the Dili District Court 2000 2006 Criminal prosecutions for war crimes during the 1999 East Timorese crisisSpecial Tribunal for Lebanon 2009 2023 Criminal prosecutions for the assassination of Lebanese Prime Minister Rafic HaririLecturesLecture 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 LawSee alsoInternational Anti Corruption Court proposed Judicial interpretationReferencesRomano Cesare P R Alter Karen J Shany Yuval 2013 The Oxford Handbook of International Adjudication Oxford University Press pp 4 9 ISBN 9780199660681 External linksProject on International Courts and Tribunals which maintains a second website focused on Africa at www aict ctia org United Nations Rule of Law Tribunals amp Other Mechanisms Archived 2021 04 27 at the Wayback Machine on the relationship between international courts and the rule of law
