Working Paper. The International Criminal Court (ICC) was established in 2002 by the growing demand to stop crimes on an international scale. ‘In the absence of other avenues of justice for Syria, ICJ proceedings, within the limits of the Court’s jurisdiction, can make a demonstrable contribution to the pursuit of justice and accountability on behalf of the international community as a whole. Another argument against ad-hoc tribunals is that they are expensive and countries that have just been through civil war should be rebuilding their society and political system rather than spending millions on tribunals to try those responsible for violating international law. To use a current example of the enforcement problem, the ICJ rendered an advisory opinion in July of 1996 on the legality of Read your article online and download the PDF from your email or your account. Pocar, Fausto. The Effectiveness of the International Court of Justice By Joan E. Donoghue* My focus on today’s panel is the effectiveness of the International Court of Justice (ICJ), where I serve as a judge. Since World War II, the ICTY and ICTR have been the first international tribunals to hold high-profile leaders accountable for their crimes against humanity. Many thanks! On the other hand, claiming that international courts have never worked and never will seems too extreme. The International Court of Justice (ICJ) has yet to tackle its "most complex case" dealing with genocide rather than the usual disputes over sovereignty, territories and diplomatic relations. Although the criticism that tribunals cost an excessive amount of money, one must understand that, before a society is rebuilt, it is important to establish a rule of law and closure for those who have suffered uncontested horrors. Reconciliation is a complex process and it often takes many years to accomplish, in addition, the lack of Serb awareness of their responsibility in the mass genocide gravely hindered the ICTY’s work. (Cassese: 2005: 39) These set a precedent for the subsequent International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), which will be analysed for the purposes of this paper. Several polls carried out in the former Yugoslavia showed that many believed the ICTY did not succeed in its aim of reconciling the people of the region, generating a negative reaction to the tribunal, especially within the Serb and Croat public. Likewise, the idea that international courts are simply ineffective can be countered by the fact that power was consented to the tribunals to exercise jurisdiction over violations of the Geneva Conventions, including Article 3, and the customary laws of war. Unlike ICJ, international thematic courts like ICC work independently from United Nations. International Court of Justice even has the power to call upon a party to give up legal rights. The International Court of Justice order directing Myanmar to prevent all genocidal acts against Rohingya Muslims is crucial for protecting the remaining Rohingya in Rakhine State. Accessed November 1, 2011
. What led the Former Secretary-General of the United Nations to say the above is what motivates all international law scholars to advocate in favour of greater accountability: the need for greater support of international courts. London: Kingston University Press, 2008. The ICTY, for instance, encouraged authorities in the newly established states of the former Yugoslavia to reform their judicial system. Many argue that there have been no precedents to affirm the idea that obedience to international law will always be a states’ top priority. The Hague, 29 July 2009. Evidently, the formation of ICC does not bring out the effectiveness which it should portray regarding settling of international disputes and, therefore, its formation was fruitless international adjudication, which is court-specific or focused around a family of courts. JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways. “Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?” The American Journal of International Law 95.7 (2001): 7-31. Cassese, Antonio. The UN Charter envisioned a symbiotic relationship between the Security Council and the International Court of Justice (ICJ), the principal judicial organ of the UN. New York: Routledge, 2007. “Humane Governance for the World: Reviving the Quest.” Wilkinson, Rorden. By holding accountable those who were responsible for committing crimes against humanity in the former Yugoslavia and Rwanda, the Tribunals sought justice for the thousands of individuals affected by the conflicts. ©2000-2021 ITHAKA. “The Powers of the United Nations International Criminal Tribunals.” Max Planck Yearbook of United Nations Law (1998): 141-167. Although there is an International Court of Justiceat The Hague, this deals with cases between States and not between individuals. Without the tribunals’ convictions, those responsible for violations of international law would have been allowed to get away with their crimes and that is a crime in itself. To access this article, please, Vol. Akhavan, Payam. 2000. Why Are Feminist Theorists in International Relations so Critical of UNSCR 1325? Ferencz, Benjamin. Statute of the International Criminal Tribunal for the Former Yugoslavia. One of the ICTR’s greatest achievements was establishing a “critical, judicially verified factual record of the atrocities.” (Amoussouga: 2008: 1) This contributed to process of peace and reconciliation in the region, which is another fundamental achievement of the ICTR. The International Court of Justice (ICJ) announced that it will hold public hearings starting on 1 December 2009 on the question of Kosovo’s … Select the purchase Chesterman, Simon, Thomas M. Frank and David M. Malone. Divided over the legal definition of genocide, experts anticipate the Court's interpretation of events that took place during the 1992-95 Bosnian war. It does so by looking firstly at the so-called failures of international courts, namely ad-hoc criminal tribunals like the ICTY and the ICTR, as well as the issues they raise amongst the international community. The Hague: United Nations Press, 1997. In conclusion, this paper has revealed the accomplishments of the International Criminal Tribunals for the former Yugoslavia and Rwanda and has aimed to show the importance of such courts to demonstrate the strength of international accountability, to exercise jurisdiction over violations of international treaties and conventions, to reinforce the rule of law, to rebuild peace in post-war societies and to individualise guilt. Alford, Roger P. “The Proliferation of International Courts and Tribunals: International Adjudication in Ascendance.” American Society of International Law. Law and Practice of the United Nations. The aim of this paper is to investigate whether international courts work. It publishes over 2,500 books a year for distribution in more than 200 countries. It breaks the cycle of violence, hatred and extra-judicial retribution. For example, Jean Kambanda became the first ever person to plead guilty to the crime of genocide, and his conviction was a major breakthrough for the ICTR, and Jean-Paul Akayesu, a former Rwandan mayor set a precedent as the first person to be convicted of rape as a crime against humanity. (Cassese: 2005: 5) Many argue, however, that there is an undeniable tendency of nations to obey international custom due to the pressure of powerful states. “ICTY Press Release Number 27.” ICTY Press, 1995. However, with the many players on the global stage, the lack of proper support from major global powers, international justice is undermined. (Falk in Wilkinson: 2005: 116) It is unrealistic to assume that hybrid courts and tribunals can address all international crimes. In closing, she recalled that compliance with the Court’s decisions, judgements and orders were fundamental prerequisites for an effective international justice system. Due to the difficulties in negotiating the details of a statute between the major political blocs, the Court was ultimately established after the break-up of the Soviet Union, with the adoption of the 1998 Rome Statute, following a series of international conferences sponsored by the UN.5 JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. However, the Council has scarcely made use of the ICJ as an instrument, or “tool”, in the exercise of its responsibility for the maintenance of international peace and security. “From Nuremberg to Rome: a Personal Account.” Lattimer, Mark and Philippe Sands. Goldstone, Richard J. International Court of Justice (ICJ), French Cour internationale de Justice, byname World Court, the principal judicial organ of the United Nations (UN). International courts as they stand are flawed, however, they have accomplished a great deal in making the international order less anarchic. This institution can be extremely effective if all states stand accountable. Unfortunately, after over six decades in existence, the Court’s influence is declining. The international community has universally accepted these and the power of universal jurisdiction international courts hold. Lacking, says Lawrence Weschler in Crimes of War: What the Public Should Know, has been “any effective means of enforcing (international humanitarian la… Within the international community, power is often fragmented and dispersed, which is why the lack of a central authority is one of the main criticisms of international law. International Court of Justice sets date for public hearings on Kosovo independence. It concludes by demonstrating that international courts play a crucial role in international relations. Many of these journals are the leading academic publications in their fields and together they form one of the most valuable and comprehensive bodies of research available today. Sarooshi, Danesb. International Justice Tribune (IJT). The establishment of the Court raised issues of punishment for war crimes and crimes against humanity that occurred during the First and Second World Wars. option. According to the former President of the ICTY, “Justice is an indispensable ingredient of the process of national reconciliation. The principal judicial organ of the United Nations is the International Court of Justice (ICJ). However, being a party to the statute does not automati… International tribunals have also succeeded in strengthening of the rule of law in an international context. This all will be illustrated by studying a specific case; the Marshall Islands and the Nuclear Zero Lawsuits. bandwidth bills to ensure we keep our existing titles free to view. Check out using a credit card or bank account with. The troubled mandate of the ICTR. (ICTY Achievements: 2006: 1) The tribunals have also given invaluable knowledge on how to deal with war crimes and bring perpetrators to justice. When I give lectures about international adjudication in the United Cambridge Journals publishes over 250 peer-reviewed academic journals across a wide range of subject areas, in print and online. The international court of justice is internationally regarded as the supreme instrument of justice, however ineffective. Cambridge: Cambridge University Press, 2006. Due to the fact that states define the character of public international law, their acceptance of international courts’ jurisdiction is entirely determined by them. International courts, according to critics, are fundamentally ineffective as there are no plausible reasons why compliance with international law will be the top priority for a state. Professor David Wippman, famously noted that “international criminal prosecutions can strengthen whatever internal bulwarks help individuals obey the rules of war, but the general deterrent effect of such prosecutions seems likely to be modest and incremental, rather than dramatic and transformative.” (Wippman: 1999: 488) The idea is that even the most modest and limited powers of international criminal justice could mean hope and the start of a dramatic and transformative future for international law, which further confirms that international courts do, in fact, work. (Schabas: 2006: 49) The Appeals Chamber quickly and swiftly rejected Tadić’s claim. Cassese, Antonio. Justice for Rwanda: ICTR Achievements and Challenges . Indisputably, the successful prevention of the latter in a deep-rooted culture of impunity will not be achieved through the efforts of a few ad hoc tribunals. However, many problems were presented with that, as acknowledged by ICTR’s prosecutor Hassan Jallow, “We learned that the legal process is an important and necessary part of conflict resolution, but it is not enough. This is exemplified in the ICTR’s ‘Trial Against Hate Media’ in August 2003, when the tribunal issued life sentences to the three people responsible for encouraging the 1994 genocide, and the ICTY’s indictment of 161 individuals for crimes against humanity in the former Yugoslavia. This content was originally written for an undergraduate or Master's program. It documents the array of presentations, addresses and discussions among scholars, practitioners, judges, government officials, and advocates from around the world who meet each year to discuss the most salient international legal issues of the day. Cambridge University Press is committed by its charter to disseminate knowledge as widely as possible across the globe. When I give lectures about international adjudication in the United New York: Routledge, 2005. Although the criticism that ad-hoc tribunals were inconsistent and only dealt with crimes committed in a country during a specific period of time, many believed they were important to reaffirm the values delineated by international law. Critics of Liberal Peace: Are Hybridity & Local Turn Approaches More Effective? Goldsmith, Jack L. and Eric A. Posner. The Limits of International Law. All Justice, Too, Is Local (December 30, 2004) In light of the International Court of Justice's (ICJ) decision that it lacks jurisdiction on the 1999 NATO intervention in Kosovo, the author of this New York TimesOp-Ed claims that the court has not been effective. (Ferencz in Lattimer and Sands: 2003: 41) In light of this, it seems that international courts can, in fact, be effective and valuable. Written at: Royal Holloway, University of London Justice for Crimes against Humanity. It appears the ICTY and the ICTR have contributed significantly to the rebuilding of peace in post-conflict societies, and the formation of a criminal accountability culture in the international community. Falk, Richard. THE INTERNATIONAL COURT OF JUSTICE The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. ICTY: Acheivements. It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The ICJ, created after the second world war to be the United Nations' judicial arm, has suffered from four important shortcomings which have made it the UN's least … International Court of Justice are that it has no power to enforce its decisions (not even through the UN, and also that it has no well defined body of law to guide it. Are Pre-Second World War Writings on International Politics Still Relevant? hope to give an impression of how effective and legitimate the International Court of Justice is. A court is a form of tribunal, often a government institution, wherein everything that goes beyond the law or … For over a century, the Annual Meeting has been among the most important gatherings of international law professionals, bringing together more than 1,200 participants from some 75 countries. As stated in Article 93 of the UN Charter, all 193 UN members are automatically partiesto the court's statute. Before you download your free e-book, please consider donating to As sovereign states, it is easy to live within national legal frameworks but when it comes to issues of accountability and centralised institutions that enforce international legal norms, it becomes a lot more complex. Conclusion • International Criminal Court (ICC) and the International Court of Justice (ICJ) are two institutions that are focused on human rights and humanitarian law. E-IR is an independent non-profit publisher run by an all volunteer team. Reflecting on this, one could easily make a case against the tribunals, but the reality is that if the ICTY were to indict and prosecute every individual responsible for the genocide it would have had to operate on a much larger scale. All Rights Reserved. New York: Oxford University Press, 2008. International Law and International Relations: Bridging theory and practice. (ICTY Acheivements: 2006: 1) Before the establishment of the ICTR and ICTY, international law was fairly overlooked, which meant precedents that were set by these tribunals changed the system of accountability in conflict situations. Justice for the victims, justice for history, we cannot deliver; you need to put in place a diversity of mechanisms in order to deal with all aspects of the problem,” (International Justice Tribune: 2007: 1) Despite this, the legal foundations and the legacy of the tribunals have, so far, been well protected and the international community must continue their in their efforts to ensure this will last and international law is preserved and that courts remain effective. 25 April 2009. In addition, two judges shall be selected for the purpose of replacing judges who find it impossible to sit (The Statute of The International Court of Justice- Article 29) . This means that if deemed necessary, states will not comply with international legal standards and will not abide by international law if it is not in their interest. December 2008. Punishments for war criminals were first addressed at the International Military Tribunals (IMT) and the International Military Tribunals for the Far East (IMTFE). The Effectiveness of the International Court of Justice By Joan E. Donoghue * My focus on today’s panel is the effectiveness of the International Court of Justice (ICJ), where I serve as a judge. Request Permissions. Even when a state has agreed to comply with monitoring regulations imposed by international institutions, lack of control and inspection can allow violations to go unnoticed until the situation becomes critical. Schabas stated: “By 2004 the United Nations ad hoc tribunals consumed more than $250 million per annum, which is about 15% of the UN’s general budget.” (Schabas: 2006: 6) Furthermore, many of the leaders that were on trial enjoyed popular support among their citizens and being tried in an international court can be perceived as discrediting national sovereignty. With the aid of foreign actors and the international community, one can hope this will strengthen the voice of so many oppressed victims. Thus Peace and Justice go hand-in-hand.” (Cassese: 1995: 1) The establishment of a rule of law is indispensible for the reconstruction of a torn society. For example, before becoming a UN member state, Switzerland used this procedure in 1948 to become a party, and Nauru became a party in 1988. Acts of genocide and other massive violations of human rights, which should be the concern of the international community irrespective of where they are perpetrated, have therefore not had a permanent international legal mechanism. Obstacles in International Justice Harvard International Review. The idea of establishing an international court with the aim of regulating the behaviour of states is not recent. This work can be used for background reading and research, but should not be cited as an expert source or used in place of scholarly articles/books. This was an important validation of the principle of Kompetenz-Kompetenz, which refers to the ‘inherent jurisdiction of the Tribunal to determine its own jurisdiction’. Exploring International Criminal Justice in Film, Are We Entering an “Asian Century?”: The Possibility of a New International Order. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). 181-193. In an interdependent world, the Rule of the Law must prevail.” (Annan: 1997). Donations are voluntary and not required to download the e-book - your link to download is below. Your donations allow us to invest in new open access titles and pay our Schabas, William A. But the effects of such a case are more likely to be symbolic’, says Bekou. Hoare, Marko Attila. The UN International Criminal Tribunals are extremely important cases to examine, especially when looking at the effectiveness of international courts, as their establishment is considered to be among the most important contributions to international criminal law. Kingston University. International courts, according to critics, are fundamentally ineffective as there are no plausible reasons why compliance with international law will be the top priority for a state. All Rights Reserved | Site by Rootsy. 108, The Effectiveness of International Law (2014), https://doi.org/10.5305/procannmeetasil.108.0114, Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. 2nd Edition. That principle had previously been applied only in cases of dual nationality to determine the nationality that should be used in a given case. culture, effective control, history, uti possidetis,5 elitism, and ideology.6 States have relied on all nine categories to justify legal claims to territory before the International Court of Justice (ICJ). By an Order dated 3 February 2021, the Court fixed 20 September 2021 as the time-limit for the filing of the Counter-Memorial of the United States of America in the case concerning Alleged violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of … The Global Governance Reader. 2006. It is published as part of our mission to showcase peer-leading papers written by students during their studies. Annan, Kofi. Instead of focusing on the positive or negative aspects of the tribunals we should rather focus on the improvements that can be made to the current system of hybrid courts to find a viable outcome. Once a state is a party to the court's statute, it is entitled to participate in cases before the court. Ad-hoc courts also show a certain level of inconsistency in their accountability of violations to international criminal law, which is one of the main criticisms. Moreover, some go as far as to argue that the UN International Tribunals exacerbate tensions within communities rather than promoting reconciliation. For more information, visit http://journals.cambridge.org. The effectiveness of the International Court of Justice (ICJ) is critical for global survival and progress in the 21st century. The UN International Criminal Tribunals: The former Yugoslavia, Rwanda and Sierra Leone. In fact, only when it is financially and politically beneficial for states, will they consider its creation and jurisdiction. The three fundamental violations of international law, genocide, crimes against humanity, and war crimes, were initially addressed in Article 6 of the Charter of the International Military Tribunal at Nuremberg, and later detailed in the statues of the former Yugoslavia and Rwanda tribunals. 105-119. This leads to accusations that morality and ethics are only used as a basis for serving the self-interest of states, leading to double standards within the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Kunarac: Defining Rape under International Criminal Law. Many states in the international community raise the issue of sovereignty and the infringement of international law on national courts and jurisdictions. This article looks at the ICJ’s creation and how it works. Notably the indictments of Jean Kambanda, the Rwandan Prime Minister, Pauline Nyiramasuhuko, the Rwandan Minister of Family and Women’s Affairs, Slobodan Milosevic, the Yugoslav President, and Ratko Mladic and Radovan Karadzic, leaders of the Bosnian Serbs. The International Criminal Court is indeed a valid institution with the greatest intentions to achieve a more fair and just world. Access supplemental materials and multimedia. “Impunity cannot be tolerated, and will not be. international adjudication, which is court-specific or focused around a family of courts. International Law. 160-165. “Atrocities, Deterrence, and the Limits of International Justice.” Fordham International Law Journal (1999): 473-488. 17 November 2007. New York: United Nations Audiovisual Library of International Law, 2008. The jurisprudential legacy of the ad-hoc courts is widely recognized in the international community. Accessed 15 October 2011 from: . This deters mutual hatred, as communities are spared the blame for the suffering of others; and promotes reconciliation in societies that have been torn apart, such as that of the former Yugoslavia and Rwanda. Cambridge University Press (www.cambridge.org) is the publishing division of the University of Cambridge, one of the world’s leading research institutions and winner of 81 Nobel Prizes. (Sadat: 2007: 184) According to Richard Goldstone, “the establishment of the ICTY and later the ICTR was the birth of international criminal justice and these courts have demonstrated that international courts work, which had never been a proven or assumed premise.” (Goldstone: 2009: 1) This is exemplified in the ICTY’s indictment of Duško Tadić, the first ever male tried and indicted for sexual violence, Zdravko Mucić, Esad Landžo and Zejnil Delalić for the use of rape as torture, and Dragoljub Kunarac, Radomir Kovač and Zoran Vuković for the use of sexual enslavement and rape as a crime against humanity. It is thought to be the primary means of conflict resolution between states, and it is further recognized worldwide for its significant contribution to international law. Amoussouga, Roland. Proceedings of the Annual Meeting (American Society of International Law), Read Online (Free) relies on page scans, which are not currently available to screen readers.
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