International Tribunals
- Created by: blombus
- Created on: 20-05-21 13:43
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- International Tribunals
- UN Special Tribunals
- Former Yugoslavia
- By 2017, the OCourt had swntenced 83 people
- SIerra Leone
- Sentenced 16 people
- Inclduing Jean Kambanda, the first head of government to be tried for war crimes
- Sentenced 16 people
- Rwanda
- Convicted 61 people for the 1994 genocide
- Cambodia
- Punish the remaining leaders of the Khmer Rouge
- Implications and criticisms
- Limitations
- Criticised for "victor's justice"
- e.g. Serbia says the ICTY ignored atrocities against them
- Claims of biased rulings
- Unequal application
- Saddam Hussein was tried in his own country
- USA declared they could do this, and he was sentenced to death
- Saddam Hussein was tried in his own country
- Criticised for "victor's justice"
- Limitations
- Former Yugoslavia
- International Court of Justice
- Judicial agency of the UN
- Permanently sits in The Hague
- Established in 1945 with the Charter of the UN
- Began operations in 1946
- 15 judges
- Decisions are technically enforceable, functionally advisory
- Settles disputes between states
- Failures of the ICJ
- In 1980, Iran stated it didn't recognise the Court's authority during a ruling over its seizure of the American embassy in Tehran
- In 2012 Colombia stated that it no longer recognises the ICJ's jurisdiction
- In 2014 Australia brought a case against Japan over whaling, which Japan agreed with but then ignored just a year later
- In 2010 the ICJ ruled that Kosovo was legitimate in declaring independence in 2008. This decision was ignored by Russia
- Successes of the ICJ
- In 1986 it resolved a border clash between Burkina Faso and Mali
- 1992 it solved a omplicated border dispute between El Salvador and Honduras
- 2002 settled a disagreement between Nigeria and Cameroon over an oil-rich penninsula
- International Criminal Court
- Independent of the UN
- Opened in 2002
- 18 judges from ICC-recognising countries
- 124 have raitified the Rome Statute
- Prosecutes individuals charged with war crimes, genocide, and crimes against humanity
- Decisions are binding on the individuals
- ICC trials
- Thomas Lubanga Dyilo (2012)
- Congolese warlord
- 14 years imprisonment for human rights abuses, including recuriting child soldiers
- Germain Katanga (2014)
- Congolese warlord
- 12 years imprisonment for atrocities committed during the civil war
- Jean-Pierre Bemba (2016)
- Former vice-president of the DRC
- Senteced to 18 years for using sexual violence as a weapon of war
- Limited success
- Rome Statute wasn't universally accepted
- 21 states abstained, 7 voted against
- The majority of the UNSC doesn't recongise its jurisdiction
- USA, Russia, and CHina don't think it has authority over their internal sovereign affairs
- Puts over 70% of the world's population outside its jurisdiction
- USA, Russia, and CHina don't think it has authority over their internal sovereign affairs
- India doesn't accept ti either
- Puts over 70% of the world's population outside its jurisdiction
- USA has bilateral agreements with several countries so their citizens can't be extradicted for ICC
- Has only tried and convicted Africans
- Indicted individuals continued to travel freely
- Rome Statute wasn't universally accepted
- Thomas Lubanga Dyilo (2012)
- UN Special Tribunals
- International Criminal Court
- Independent of the UN
- Opened in 2002
- 18 judges from ICC-recognising countries
- 124 have raitified the Rome Statute
- Prosecutes individuals charged with war crimes, genocide, and crimes against humanity
- Decisions are binding on the individuals
- ICC trials
- Thomas Lubanga Dyilo (2012)
- Congolese warlord
- 14 years imprisonment for human rights abuses, including recuriting child soldiers
- Germain Katanga (2014)
- Congolese warlord
- 12 years imprisonment for atrocities committed during the civil war
- Jean-Pierre Bemba (2016)
- Former vice-president of the DRC
- Senteced to 18 years for using sexual violence as a weapon of war
- Limited success
- Rome Statute wasn't universally accepted
- 21 states abstained, 7 voted against
- The majority of the UNSC doesn't recongise its jurisdiction
- USA, Russia, and CHina don't think it has authority over their internal sovereign affairs
- USA, Russia, and CHina don't think it has authority over their internal sovereign affairs
- India doesn't accept ti either
- USA has bilateral agreements with several countries so their citizens can't be extradicted for ICC
- Has only tried and convicted Africans
- Indicted individuals continued to travel freely
- Rome Statute wasn't universally accepted
- Thomas Lubanga Dyilo (2012)
- International Court of Justice
- Judicial agency of the UN
- Permanently sits in The Hague
- Established in 1945 with the Charter of the UN
- Began operations in 1946
- 15 judges
- Decisions are technically enforceable, functionally advisory
- Settles disputes between states
- Failures of the ICJ
- In 1980, Iran stated it didn't recognise the Court's authority during a ruling over its seizure of the American embassy in Tehran
- In 2012 Colombia stated that it no longer recognises the ICJ's jurisdiction
- In 2014 Australia brought a case against Japan over whaling, which Japan agreed with but then ignored just a year later
- In 2010 the ICJ ruled that Kosovo was legitimate in declaring independence in 2008. This decision was ignored by Russia
- Successes of the ICJ
- In 1986 it resolved a border clash between Burkina Faso and Mali
- 1992 it solved a omplicated border dispute between El Salvador and Honduras
- 2002 settled a disagreement between Nigeria and Cameroon over an oil-rich penninsula
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