International court

An international court is a judicial body that is sponsored by several states and / or international organizations . The judges have different nationalities and are elected by the sponsors of the court or its members.

Universal dishes

Universal courts are potentially open to all states. However, only the International Court of Justice applies international law without restriction to a particular treaty system or to special matters.

• International Court of Justice in The Hague , established by the United Nations Charter of June 26, 1945.
• International Tribunal for the Law of the Sea in Hamburg , established by the United Nations Convention on the Law of the Sea of December 10, 1982.
• Dispute Settlement Body of the World Trade Organization , established by the Dispute Settlement Understanding, an annex to the Convention establishing the World Trade Organization of April 15, 1994.
• Permanent court of arbitration in The Hague (not a court in the strict sense).

Courts of regional economic and integration zones

In addition to the universal dishes, there are numerous dishes in regional economic and integration zones. Their responsibility extends at most to the scope of the contracts on which the respective zones are based.

Selection:

• European Court of Justice in Luxembourg .
• Court of the European Union in Luxembourg.
• EFTA Court in Luxembourg.
• The Economic Court of the Commonwealth of Independent States is a court of law for the CIS states and has its seat in Minsk ( Belarus ).
• Court of Justice of the African Union . The founding act of the African Union in 2000 and an additional protocol from 2003 provided for the formation of this court, which, however, was in fact never established due to the lack of ratification of the additional protocol. It is to be merged by a protocol of July 1, 2008 with the African Court of Justice for Human Rights and the Rights of the Peoples to the African Court of Justice and Human Rights ; So far (as of January 27, 2011) this protocol has been ratified by only three states.
• Court of Justice of the Andean Community in Quito ( Ecuador ).
• Central American Court of Justice in Managua ( Nicaragua ).
• Court of Justice of the Caribbean Community in Port of Spain ( Trinidad and Tobago ).

Human Rights Courts

Human rights courts have so far been established under the three continental human rights systems of Europe, America and Africa.

• European Court of Human Rights in Strasbourg . This court was established by the European Convention on Human Rights , which was drawn up within the framework of the Council of Europe .
• Inter-American Court of Human Rights in San José ( Costa Rica ). This court was established by the American Convention on Human Rights , which was drawn up within the framework of the Organization of American States .
• African Court on Human Rights and the rights of peoples in Arusha ( Tanzania ). This court was established by an additional protocol of 1998 to the African Charter on Human and Peoples ' Rights , which was drawn up within the framework of the Organization for African Unity . He started work in 2006. A protocol of July 1, 2008 is to merge it with the - nonexistent - Court of Justice of the African Union to form the African Court of Justice and Human Rights ; the protocol has so far (as of January 27, 2011) been ratified by only three states.

International criminal courts

International criminal courts apply in particular international criminal law .

• International Military Court (1945 to 1946 in Nuremberg ), established by the London Statute of August 8, 1945 - (so-called Nuremberg Trials ).
• International Military Tribunal for the Far East (1946 to 1948 in Tokyo ) - in contrast to this, was not based on an international treaty, but on a decree of the Commander-in-Chief of the Allied Forces of January 19, 1946.
• International Criminal Court in The Hague , established by the Rome Statute of July 17, 1998.

United Nations ad hoc criminal courts

The establishment of ad hoc criminal courts takes place in accordance with Chapter VII of the Charter of the United Nations . While international treaties generally only have legal effect between the contracting parties, a measure under Article VII of the UN Charter obliges all member states of the United Nations. Ad hoc criminal courts established so far:

• International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, established by United Nations Security Council Resolution 827 of May 25, 1993.
• International Criminal Tribunal for Rwanda (ICTR) in Arusha ( Tanzania ), established by United Nations Security Council Resolution 955 of November 8, 1994.
• International residual mechanism for the ad hoc criminal courts (MICT), established by Resolution 1966 of the United Nations Security Council of December 22, 2010 as the successor to the ICTY and the ICTR.

Hybrid criminal courts

A third generation of international criminal courts are so-called mixed-international, semi-international or hybrid criminal courts. They have both national and international legal bases and are composed of national and international judges. The latter are predominantly, but not always, appointed by the United Nations. For the most part, these hybrid courts are part of the national court system; The respective state is then solely responsible for this.

• Courts in Kosovo , hybridized by UNMIK Regulations 2000/6 of February 15, 2000, 2000/34 of May 27, 2000 and 2000/64 of December 15, 2000.
• Serious Crimes Panels in courts in Dili ( East Timor ), established by UNTAET Regulation 2000/15 of June 6, 2000.
• Special Court for Sierra Leone in Freetown ( Sierra Leone ), established by an agreement of January 16, 2002 between Sierra Leone and the United Nations .
• Khmer Rouge Tribunal in Phnom Penh ( Cambodia ), established by an agreement of June 6, 2003 between Cambodia and the United Nations.
• Special tribunal for Lebanon , hybrid court, established under Chapter VII of the UN Charter for the criminal justice of the attack on the former Lebanese Prime Minister Rafiq al-Hariri .
• Was Crimes Chamber at the State Court of Justice in Sarajevo ( Bosnia and Herzegovina ).
• Iraqi Supreme Court in Baghdad , which provides for the possibility of international judges to participate, although this has not yet happened.
• Extraordinary African Chambers ( Extraordinary African Chambers ) in Senegal , built under an agreement of 22 August 2012 between Senegal and the African Union , particularly responsible in criminal proceedings against the former president of Chad, Hissène Habré .

Administrative courts of international organizations

Various international organizations have or had, in particular due to their special legal status or freedom of jurisdiction in their country of domicile, their own administrative courts for the clarification of service law matters of their employees. These dishes include:

• Administrative Court of the League of Nations (1927–1946)
• Administrative Court of the International Labor Organization (since 1946), responsible for the employees of more than 50 organizations
• United Nations Administrative Court (1949–2009), replaced by the United Nations Dispute Tribunal and United Nations Appeals Tribunal
• Administrative Court of the Organization of American States (since 1971)
• World Bank Administrative Court (since 1980)
• Administrative Court of the International Monetary Fund (since 1994)

Individual evidence

1. ↑ ^{a b} AU of January 27, 2011 ( Memento of August 12, 2011 in the Internet Archive ).

literature

• Philipp Ambach: A Framework Convention for the Establishment of Hybrid International Criminal Courts . Hamburg: Kovač, 2009. ISBN 978-3-8300-4515-1 .
• Sarah MH Nouwen: 'Hybrid courts': The hybrid category of a new type of international crimes courts . In: Utrecht Law Review 2 (2006) pp. 190-214.
• Michael Nunner: Cooperation between international courts: Resolving inter-court conflicts through non-dominant discourse . Tübingen: Mohr Siebeck, 2009. ISBN 978-3-16-150159-3 .
• Cesare PR Romano: The Proliferation of International Judicial Bodies: The Pieces of the Puzzle (PDF; 228 kB) . In: New York University Journal of International Law and Politics 31 (1998/1999) pp. 709-751.
• Cesare PR Romano, Andre Nollkaemper and Jann K. Kleffner (Eds.): Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and Cambodia . Oxford, New York: Oxford University Press, 2004. ISBN 978-0-19-927674-5 .
• Philippe Sands , Ruth Mackenzie, Yuval Shany (Eds.): Manual on International Courts and Tribunals . London: Butterworths, 1999. ISBN 0-406-92531-3 .

Web links

• Mechanism for International Criminal Tribunals (English)
• WorldCourts International Case Law Database .
• PICT Project on International Courts and Tribunals .
• Radio Netherlands Worldwide - International Tribunals .
• Journal The Law and Practice of International Courts and Tribunals . Dordrecht: Martinus Nijhoff, 2002 ff. ISSN  1569-1853 , Online ISSN  1571-8034 .