INTERNATIONAL JUSTICE |
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© Copyright 2008, Class Action Publishers Inc. AFRICAN COURT OF JUSTICE (ACJ) Types of Claims Heard: In addition to the ACJ and the ACHPR, Africa has numerous subregional courts. They are listed on the Web site of the African International Courts and Tribunals (http://www.aict-ctia.org). Address: To be determined when the court is established. In the interim, contact the African Union Headquarters, P.O. Box 3243, Addis Ababa, Ethiopia Web site: AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS (ACHPR) Types of Claims Heard: Court Structure and Procedures: In addition to the continental ACJ and the ACHPR, Africa has numerous subregional courts. They are listed on the Web site of the African International Courts and Tribunals (http://www.aict-ctia.org). The Protocol grants the ACHPR jurisdiction to decide disputes arising under the African Charter, the Protocol, and other human rights instruments ratified by the states. The ACHPR can also render advisory opinions. Individuals and relevant nongovernmental organizations can only bring claims before the ACHPR if their state has consented at the time it ratified the Protocol. Otherwise, access to the court is limited to the African Commission on Human and Peoples’ Rights, states that have ratified the Protocol, and African intergovernmental organizations. Eleven judges chosen from member states comprise the court. One of the judges is president and another is vice president of the court. Address: African Court on Human and Peoples’ Rights, P.O. Box 6274, Arusha, Tanzania This information was updated May 2008. EUROPEAN COURT OF HUMAN RIGHTS (ECHR) Types of Claims Heard: The Convention and its Additional Protocols protect a broad spectrum of human rights including the following: the right to life; a prohibition of torture; a prohibition of slavery and forced labour; the right to liberty and security; the right to a fair trial; no punishment without law; the right to respect for private and family life; freedom of thought, conscience, and religion; freedom of expression; freedom of assembly and association; the right to marry; the right to an effective remedy; a prohibition against discrimination; the protection of property; the right to education; a right to free elections; prohibition of imprisonment for debt; freedom of movement; prohibition of expulsion of nationals; a prohibition against collective expulsion of aliens; procedural safeguards relating to the expulsion of aliens; abolition of the death penalty; a right of appeal in criminal matters; compensation for wrongful conviction; the right not to be tried or punished twice; and equality of rights between spouses. The texts of the Convention and its Additional Protocols are available on the Web site of the ECHR. Claims are brought against states that have ratified the Convention and its Additional Protocols for state acts in violation of those agreements. A state can be held responsible for a failure to ensure protection of human rights within its jurisdiction. Article 34 allows individuals, nongovernmental organizations, and groups of individual victims to present claims to the ECHR if the claim meets the admissibility criteria set forth in article 35. Court Structure and Procedures: Each member state selects one judge. A claimant must exhaust all domestic remedies before applying to the ECHR for relief. Application must be made within six months of the final decision by the affected state. The claimant must have the claim admitted for consideration. An applicant should send a letter setting forth the essential facts of the claim and request a formal application. When the application has been filed, the court will assign a judge to serve as the rapporteur, who will evaluate the claim to determine whether it is admissible and prepare a report. Based on that report, the Chamber may decide the complaint is inadmissible, or it may seek information and/or comment on the complaint from the respondent state. The applicant is permitted to reply to the state’s comments. The question of admissibility is decided by a panel of judges: either a Committee (3 judges), a Chamber (7 judges), or a Grand Chamber (17 judges). If the claim is admitted, the court will undertake an investigation of the merits, and the applicant must submit a detailed claim for damages. Interested third parties may be allowed to comment on the proceedings. Settlement possibilities are discussed; and if the matter does not settle, a judgment will issue. A dissatisfied party may seek leave to appeal the judgment to the Grand Chamber. The court may issue advisory opinions concerning the interpretation of the Convention and the Additional Protocols. Address: European Court of Human Rights, Council of Europe, 67075 Strasbourg-Cedex, France
This information was updated May 2008. INTER-AMERICAN COURT OF HUMAN RIGHTS (IACHR) Types of Claims Heard: The court both adjudicates claims and issues advisory opinions. In 1980, an Inter-American Institute of Human Rights also was created, by formal agreement between the court and its host country of Costa Rica. Court Structure and Procedures: The court has seven judges, selected from member states of the OAS. The court’s internal workings are governed by the Statute of the Inter-American Court of Human Rights, adopted by the OAS in 1979. The court also has formally adopted rules of procedure. A Secretary and a Secretariat staff handle the administration of the court. Address: Inter-American Court of Human Rights, P.O. Box 6906-1000, San José, Costa Rica This information was updated May 2008. INTERNATIONAL COURT OF JUSTICE (ICJ) Types of Claims Heard: The court exclusively hears disputes between sovereign nations. Individuals cannot bring claims or be the subject of claims in proceedings before the ICJ. All members of the U.N. are automatically parties to the court’s statute, which is incorporated into the U.N. Charter. However, each nation must give consent for the ICJ to hear a particular dispute. A state may consent to jurisdiction in three ways: (1) by the terms of an international treaty, (2) by a special agreement to submit the matter for decision, or (3) through submission of reciprocal declarations. The court decides “contentious” disputed matters and also issues advisory opinions. Advisory opinions may be requested by administrative organs and specialized agencies of the U.N. The Peace Palace in The Hague (Netherlands), where the ICJ has its seat, houses one of the world’s largest public libraries on public international law, and it hosts The Hague Academy of International Law. The Peace Palace is owned and administered by the Carnegie Foundation. Court Structure and Procedures: The Registry is the administrative office of the court, headed by the Registrar. Communications to the ICJ should be sent to the Registrar. A Trust Fund was established in 1989 to assist indigent countries when appearing in ICJ proceedings. In addition to compliance with the ICJ Statute and Rules of Court, special protocol must be observed in proceedings before the ICJ. The court has issued Practice Directions and the “Blue Book” handbook for the guidance of parties appearing before it. Address: International Court of Justice, Peace Palace, Carnegieplein 2, NL-2517 KJ The Hague, The Netherlands Reference:
This information was updated May 2008. INTERNATIONAL CRIMINAL COURT (ICC) Types of Claims Heard: The ICC is a court of last resort that can only take jurisdiction if the national court is unable or unwilling to act. Admissibility of the case is thus a threshold issue that the court determines. Nations are considered to have the primary responsibility for prosecution of international crimes. A state’s unwillingness may be demonstrated by a state’s shielding of the alleged offender, by unreasonable delay, or by a lack of impartiality in the local proceeding. Inability may be shown by the collapse or unavailability of the national judicial system, or by the state’s being “otherwise unable” to carry out the proceeding. More than 100 nations are parties to the Rome Statute. The United States is not one of them, having revoked the signature of former President Bill Clinton. A concern of the United States is a perceived lack of checks and balances on the ability of the ICC to decide what its own powers and procedures will be. Victims are given considerable rights in ICC proceedings, including the following:
The Registry has a Witness Protection and Victims Participation Section. There is also a Unit for Victims within the Office of the Prosecutor to advise prosecutors on taking evidence from victims. A Trust Fund for Victims was created by the Rome Statute. It advocates for and provides practical assistance to the victims of genocide, crimes against humanity, and war crimes, recognizing that criminal prosecution is only one aspect of justice for victims and survivors. The Trust Fund may provide immediate medical care in critical situations and distribute reparation awards to victims. The ICC maintains a “Legal Tools Project,” a virtual library of more than 25,000 documents and legal commentaries on international criminal law. These include discussions of the legal requirements to prove, and the means of proving, international crimes. The Legal Tools are offered free of charge and may be accessed through the ICC’s Web site. The ICC hosts a Visiting Professionals Programme for participants from across the globe. Court Structure and Procedures: The ICC has four principal organs:
The defense has no separate organ parallel to the Office of the Prosecutor. The Office of Public Counsel for Defense (OPC) and the Registrar are charged with protecting various rights of the accused. In 2002, private counsel created the International Criminal Bar (ICB) for attorneys representing defendants in ICC proceedings. In addition to the provisions of the Rome Statute, ICC proceedings are conducted according to The Elements of Crimes, The Regulations of the Court, and The Rules of Procedure and Evidence. Address: International Criminal Court, Regulusweg, 2516 AB, The Hague, The Netherlands References:
This information was updated May 2008.
SPECIAL INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS Seven special ad hoc international criminal courts have been established since 1993. These courts are temporary and conflict-specific. Each court addresses a situation in a particular geographic area where widespread international crimes are alleged to have occurred. 1. EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA (ECCC) Nature of Work: The ECCC is a “mixed tribunal.” It is part of the Cambodian court system. The tribunal consists of both Cambodian judges and international judges, and both Cambodian and international law are applied. The organs of the ECCC are as follows: Judicial Chambers, divided into a Pre-trial Chamber; a Trial Chamber; and a Supreme Court Chamber; the office of Co-Prosecutors; the office of Co-Investigating Judges; Defence Support; the Victims Unit; and the Office of Administration. Victims may participate directly by filing complaints or they may seek to be joined as civil parties. The ECCC will be dissolved when all trials and appeals are completed. Address:
Phone: (855) 23-219814 This information was updated May 2008. 2. INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ICTY) Nature of Work: The tribunal typically selects senior leaders to hold accountable. Although the ICTY has concurrent jurisdiction with national courts, it may choose to take precedence. A detention unit is maintained at The Hague. The tribunal also refers cases to national courts through its Referral Bench. Special war crimes prosecutors and courts have been established in several countries within the former Yugoslavia. The work of the ICTY includes assisting in developing international criminal law. Through training, the ICTY endeavors to strengthen and reform judicial systems and legal bar organizations in the countries that now comprise the former Yugoslavia. The tribunal’s completion strategy is to conclude its work by 2010, after which it will be dissolved. Address: International Criminal Tribunal for the Former Yugoslavia, Churchillplein 1, 2517 JW The Hague, The Netherlands This information was updated May 2008. 3. INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR) Nature of Work: The Tribunal has concurrent jurisdiction with national courts, although it may choose to take precedence. The Statute of the International Tribunal for Rwanda requires members of the U.N. to cooperate by identifying and arresting accused persons and surrendering custody of them to the Tribunal. A detention unit is maintained at Arusha, Tanzania. Indigent defendants receive legal counsel through a legal aid program. A Witnesses and Victims Support Section provides security for witnesses and their families, both during the proceedings and after trial, and it also provides medical and psychological support services. Numerous cases that involved high-ranking officials implicated in the genocide have been tried to judgment before the ICTR. Important issues of international criminal law are being clarified through these proceedings. The Tribunal may choose to refer cases to state courts. Its completion strategy is to conclude all investigations, trials, and appeals by 2010. Address:
Phone:
Web site: http://www.ictr.org This information was updated May 2008. 4. “REGULATION 64” PANELS IN THE COURTS OF KOSOVO Nature of Work: More than two dozen war crime trials have been conducted by Regulation 64 panels. Address: Contact UNMIK, Mission Headquarters, Shop 1-3, Pristina, Kosovo This information was updated May 2008. Reference:
5. SPECIAL COURT FOR SIERRA LEONE (SCLS) Nature of Work: The prosecutions brought include one against Charles Taylor, the former president of neighboring Liberia. Links his the trial proceedings at The Hague are available on the SCLS Web site. The organs of the court include the following: the Appeals Chamber, Trial Chamber I (Freetown), Trial Chamber II (The Hague), the Registry, the Office of the Prosecutor, and the Defence Office. Internships are available. Address:
Phone:
Web site: http://www.sc-sl.org This information was updated May 2008. 6. SPECIAL PANELS OF THE DISTRICT COURT OF DILI (EAST TIMOR TRIBUNAL) Nature of Work: This hybrid court was composed of both international judges and East Timorian judges. More than 50 trials were conducted, with a high rate of convictions. Some trials could not go forward because Indonesia refused to extradite accused individuals. After several years of activity, the Special Panels for Serious Crimes ceased receiving U.N. funds. Address: The court was situated in Dili, the capital of East Timor This information was updated May 2008. 7. WAR CRIMES CHAMBERS (WCC) IN SARAJEVO — WITHIN THE STATE COURT OF BOSNIA AND HERZEGOVINA (Court of BiH) Nature of Work: Address: Court of Bosnia & Herzegovina, Sud Bosne i Hercegovine, Kraljice Jelene 88, 71000 Sarajevo, Bosnia and Herzegovina This information was updated May 2008. PERMANENT COURT OF ARBITRATION (PCA) Types of Claims Heard: The PCA is not actually a court, and it has no sitting judiciary. Instead, it provides a permanent administrative framework for parties who wish to use its services for arbitration, conciliation, and fact-finding. It provides registry services and legal and administrative support for disputes between states, state entities, intergovernmental organizations, and also private parties. The disputes have included human rights matters, treaty and territory claims, and business conflicts. Hearing facilities are available. The PCA uses the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). The publishing arm of the PCA has produced a number of works, including two on the resolution of mass claims:
Court Structure and Procedures: The PCA has a three-part structure:
A Financial Assistance Fund assists developing countries with costs. The PCA offers an internship program. Address: Permanent Court of Arbitration, Peace Palace, Carnegieplein 2, 2517 KJ The Hague, The Netherlands This information was updated May 2008. RESOURCES ON INTERNATIONAL COURTS
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