International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority.
What is International Court of Justice (ICJ ) ?
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN).
It was established in June 1945 by the Charter of the United Nations and it commenced its functions April 1946.
For India this year is very important as it was preparing to Draft its Constitution and formed Constituent Assembly in December,1946.
The seat of the Court is at the Peace Palace in The Hague (Netherlands).
Out of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II.
Two such courts are presently located at The Hague in the Netherlands are “the International Court of Justice (ICJ)” , and “the International Criminal Court (ICC)”. Further international courts exist elsewhere, usually with their jurisdiction restricted to a particular country or issue, such as the one dealing with the genocide in Rwanda. In addition to international tribunals created to address crimes committed during genocides and civil war, ad hoc courts combining international and domestic strategies have also been established on a situational basis. Examples of these “hybrid tribunals” are found in Sierra Leone, Lebanon, East Timor, and Cambodia.
Role of ICJ:
The Court’s role is to settle legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies as per provisions of its law.
Composition of ICJ:
The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.
List of international courts
| Name | Scope | Years active | Subject matter |
| African Court of Justice | Africa | 2009–present | Interpretation of AU treaties |
| African Court on Human and Peoples’ Rights | Africa | 2006–present | Human rights |
| Appellate Body of the World Trade Organization | Global | 1995–present | Trade disputes within the WTO |
| Benelux Court of Justice | Benelux | 1975–present | Trade disputes within Benelux |
| Caribbean Court of Justice | Caribbean | 2005–present | General disputes |
| COMESA Court of Justice | Africa | 1998–present | Trade disputes within COMESA |
| Common Court of Justice and Arbitration of the OHADA | Africa | 1998–present | Interpretation of OHADA treaties and uniform laws |
| Court of Justice of the Andean Community | South America | 1983–present | Trade disputes within CAN |
| Court of the Eurasian Economic Union | Former USSR | 2015–present | Economic disputes and interpretation of treaties within the EAEU |
| East African Courts of Justice | Africa | 2001–present | Interpretation of EAC treaties |
| Eastern Carrabian Supreme Court | Caribbean | 1967–present | General disputes |
| Economic Court of the Commonwealth of Independent States | Former USSR | 1994–present | Economic disputes and interpretation of treaties within the CIS |
| ECOWAS Community Court of Justice | Africa | 1996–present | Interpretation of ECOWAS treaties |
| European Court of Human Rights | Europe | 1959–present | Human rights |
| European Court of Justice | Europe | 1952–present | Interpretation of EU law |
| European Free Trade Association Court | Europe | 1994–present | Interpretation of EFTA law |
| European Nuclear Energy Tribunal | Europe | 1960–present | Nuclear energy disputes |
| Inter-American Court of Human Rights | Americas | 1979–present | Human rights |
| International Court of Justice | Global | 1945–present | General disputes |
| International Criminal Court | Global | 2002–present | Criminal prosecutions |
| International Criminal Tribunal for Rwanda | Rwanda | 1994−2015 | Criminal prosecutions |
| International Criminal Tribunal for the former Yugoslavia | Former Yugoslavia | 1993−2017 | Criminal prosecutions |
| International Military Tribunal | Europe | 1945–1946 | Criminal prosecutions |
| International Military Tribunal for the Far East | Pacific | 1946−1948 | Criminal prosecutions |
| International Residual Mechanism for Criminal Tribunals | Global | 2012−present | Criminal prosecutions |
| International Tribunal for the Law of the Sea | Global | 1994–present | Maritime disputes |
| Permanent Court of International Justice | Global | 1922–1946 | General disputes |
| Residual Special Court for Sierra Leone | Sierra Leone | 2013−present | Criminal prosecutions |
| SADC Tribunal | Africa | 2005–2012 | Interpretation of SADC treaties |
| Special Court for Sierra Leone | Sierra Leone | 2002−2013 | Criminal prosecutions |
| Special Tribunal for Lebanon | Lebanon | 2009−present | Criminal prosecutions |
List of hybrid tribunals
| Name | Scope | Years active | Subject matter |
| Extraordinary African Chambers | Chad | 2013–present | Criminal prosecutions |
| Extraordinary Chambers in the Courts of Cambodia | Cambodia | 2006–present | Criminal prosecutions |
| Residual Special Court for Sierra Leone | Sierra Leone | 2013−present | Criminal prosecutions |
| Special Court for Sierra Leone | Sierra Leone | 2002–2013 | Criminal prosecutions |
| Special Panels of the Dili District Court | East Timor | 2000–2006 | Criminal prosecutions |
| Special Tribunal for Lebanon | Lebanon | 2009−present | Criminal prosecutions |
Short Comings:
As we saw that International Courts do not have executing machinery. It does not have police hence it’s a system which is accepted and agreed by the member states. And compliance of Judgments and or Orders depend upon accountability and acceptance by the States.
With respect to India:
In past we saw that Kashmiri Pandits genocides did not get due justice. Many times we saw that Human Right Activists trying to save terrorist. Upon his execution then UN Secretary General on execution of 1993 Mumbai serial blasts convict Yakub Memon while emphasising that he stands against the death penalty said “We have taken note of what happened. The Secretary General stands against the death penalty and the case remains the same”.
However without prejudice one has to see that in 1993 many lost lives and many became orphan, many became widow and struggled.
NGOs :
It plays sometimes very crucial role and sometimes it becomes critical for nation to control them and their role. It was also noticed about the misuse of funds to create disturbances within the state.
Future of ICJ:
It is certainly a vital and most important body. But it needs to be more neutral and futuristic. For example its one wing of World Health Organisation miserably failed and Chief apologized publicly for their failure on Corona Virus. What is accountability in such case? None.
The system needs to be more just and equitable, not only that it must be accountable. Human Rights of civilians must get priority over terrorist and criminal.
Human Right and NGOs must be regulated by treaty or resolutions.
SHRUTI DESAI
23rd August,2020
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