International court
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International courts are formed by
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
between
nations A nation is a type of social organization where a collective identity, a national identity, has emerged from a combination of shared features across a given population, such as language, history, ethnicity, culture, territory, or societ ...
, or by an
international organization An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own le ...
such as the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
– 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 An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own le ...
, 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 International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
.


History

Early examples of international courts include the
Nuremberg Nuremberg (, ; ; in the local East Franconian dialect: ''Nämberch'' ) is the Franconia#Towns and cities, largest city in Franconia, the List of cities in Bavaria by population, second-largest city in the States of Germany, German state of Bav ...
and
Tokyo Tokyo, officially the Tokyo Metropolis, is the capital of Japan, capital and List of cities in Japan, most populous city in Japan. With a population of over 14 million in the city proper in 2023, it is List of largest cities, one of the most ...
tribunals established in the aftermath of
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
. Several such international courts are presently located in
The Hague The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
in the
Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
, most importantly the
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
(ICJ), and the
International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
(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 The International Criminal Tribunal for Rwanda (ICTR; ; ) was an international court, international ''ad-hoc'' court established in November 1994 by the United Nations Security Council in United Nations Security Council Resolution 955, Resolutio ...
that deals with the
genocide Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
in
Rwanda Rwanda, officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of East Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator, Rwanda is bordered by ...
. In addition to international tribunals created to address crimes committed during genocides and civil war, ''
ad hoc ''Ad hoc'' is a List of Latin phrases, Latin phrase meaning literally for this. In English language, English, it typically signifies a solution designed for a specific purpose, problem, or task rather than a Generalization, generalized solution ...
'' 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 The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibi ...
,
Special Tribunal for Lebanon The Special Tribunal for Lebanon (STL), also referred to as the Lebanon Tribunal or the Hariri Tribunal, was a tribunal of international character that was active between 2009 and 2023. It applied Lebanese criminal law under the authority of ...
, Special Panels of the Dili District Court in East Timor, and the
Extraordinary Chambers in the Courts of Cambodia The Extraordinary Chambers in the Courts of Cambodia (ECCC; ; ), commonly known as the Cambodia Tribunal or Khmer Rouge Tribunal (), was a court established to try the senior leaders and the most responsible members of the Khmer Rouge for alle ...
.


Types of International Courts

International courts has several types but the most communes are two (2) types: * Ad-hoc courts: ex. the
International Criminal Tribunal for the Former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
(ICTY). This type of courts to be founded by the
UN Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
for a specific case then to be dissolved after its case. * Permanent Courts: ex. the
International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
(ICC) and the
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
. This type of courts to be founded through historic development that framed by international treaty. And not necessary for an international permanent court to be part of the United Nations which is the case of the International Criminal Court (ICC).


Privileges and immunities

Judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
s and high-level staff of such courts may be afforded
diplomatic immunity Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
if their governing authority allows.


List of international courts


List of hybrid tribunals


Lectures


Lecture
b
Yuval Shany
( Yuval Shany) entitled ''Assessing the Effectiveness of International Courts: A Goal-based Approach'' in th
Lecture Series of the United Nations Audiovisual Library of International Law


by Sir Elihu Lauterpacht entitled ''The Role of the International Judge'' in th
Lecture Series of the United Nations Audiovisual Library of International Law


by
Kenneth Keith Sir Kenneth James Keith (born 19 November 1937) is a New Zealand judge. He was elected to the International Court of Justice in November 2005, serving a nine-year term during the years 2006 through 2015. Keith was educated at the Auckland G ...
entitled ''Aspects of the Judicial Process in National and International Courts and Tribunals'' in th
Lecture Series of the United Nations Audiovisual Library of International Law


b
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 th


See also

* International Anti-Corruption Court, proposed *
Judicial interpretation Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United St ...


References


External links


Project on International Courts and Tribunals
which maintains a second website focused on Africa a
www.aict-ctia.org

United Nations Rule of Law: Tribunals & Other Mechanisms
(), on the relationship between international courts and the
rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
. {{Authority control Courts by type Supreme courts