International tribunals in international law act as authorities authorized to consider special cases. Such institutions are formed and operate in accordance with amicable agreements or, as a rule, in accordance with the UN Security Council Act. Let us consider in more detail what international tribunals are.
International Criminal Court in the Case of Fascist German Leaders
He is one of two authorized institutions that have fully completed their tasks. These international tribunals functioned after the Second World War. The first was formed in accordance with the agreement between the governments of Russia, France, Great Britain and America, signed on August 8, 1945. His tasks included the consideration of the case and the adoption of decisions in relation to military and state figures of Nazi Germany. The procedure for its creation, competence and jurisdiction were defined in the Charter attached to the agreement.
Composition of the institution
International courts and tribunals are formed from representatives of different countries. Established in August 1945, the court consisted of four members and the same number of deputies - one each from the country party to the agreement. In addition, each state was sent its own chief prosecutor and other officials. For the defendants, procedural guarantees were envisaged, including the provision of defense counsel. The main prosecutors performed duties both independently and jointly with each other.
Credentials
They are determined by the Statutes of international tribunals. As for the first organization, the terms of reference included consideration of:
- Crimes against peace (preparation, planning, warfare in violation of agreements).
- Military violations (actions contrary to the laws or customs of war).
- Crimes against humanity (murder, exile, enslavement, extermination and other cruelties against civilians).
Work period
The first tribunal was formed to conduct an unlimited number of processes. Berlin became a permanent location. It held its first meeting in early October 1945. The organization’s work was limited in practice to the Nuremberg trials. It took place from November 20, 1945 to October 1, 1946. The Charter and Rules of Procedure determined the procedure for court proceedings and hearings. The punishment for the perpetrators was the death penalty or imprisonment. The sentence imposed by the members of the tribunal was considered final. It was not subject to revision and was implemented in accordance with the order of the German Control Council. This body was the only institution authorized to change the decision and consider applications for pardon of convicts.
After the rejection of the applications of the perpetrators sentenced to death, the sentence was executed on the night of October 16, 1946. On December 11 of that year, a resolution of the General Assembly was adopted, which reaffirmed the international legal principles implemented in the Charter of this tribunal and its sentence.
Tokyo process
A second tribunal was formed for the trial of Japanese criminals. It included representatives from eleven countries. The main prosecutor was appointed commander of the occupying forces of Japan. He became the representative of the United States. All other states have appointed additional prosecutors. The process took place from May 3, 1946 to November 12, 1948. The tribunal ended with a guilty verdict.
Situation today
The Conventions on Genocide and Apartheid have recorded the potential to form new international judicial tribunals. For example, in one of these acts it is determined that the cases of those accused of genocide should be considered in the territory of the country where it was carried out by authorized authorities. They can be both domestic organizations and international tribunals. The issue of creating one permanent body that would deal with crimes of a global scale is currently under discussion.
The activities of the international tribunals discussed above have been limited by spatial and temporal boundaries. If a permanent body is created, then it should not have such restrictions.
Permanent jurisdiction
This problem has been dealt with by the UN Commission on behalf of the General Assembly in recent years. To date, recommendations have been prepared regarding the establishment of a permanent body on the basis of a multilateral treaty in the form of a statute (Charter). The authority of the authority should presumably include consideration of cases regarding citizens. However, in the future, it is envisaged to extend competence to states.
Like previous international tribunals, a permanent body must consider crimes against the security of mankind and the world and other similar acts that are included in the category of “transnational”. It follows that the jurisdiction of the court should be associated with the relevant world conventions.
According to some experts, the dominant point of view on the issue of competence should be considered the one according to which the authority of the body should be limited to the consideration of such acts as genocide, aggression, crimes against humanity and the safety of civilians. The inclusion of clear wording of acts and punishments for each of them is recognized as the only acceptable. The main sanctions should include imprisonment for a specific term or for life. The issue of the use of the death penalty remains debatable today.
Structure
Previous international tribunals consisted of representatives of countries parties to relevant agreements. The composition of the authorities was different. In the case of the formation of a permanent body, it will presumably include a chairman with deputies and a bureau. The latter will perform both administrative and judicial functions. As for the direct consideration of cases, as well as the passing of sentences, these tasks are supposed to be assigned to the respective chambers. Presumably, the activity will be carried out in two directions:
- Independent investigation. It will be held on behalf of the world community in the respective countries.
- Investigation within the framework through authorized national authorities.
Yugoslav process
In 1993, May 25, the UN Security Council adopted a resolution. In accordance with it, an international tribunal was established to prosecute perpetrators of violations of humanitarian law in the former Yugoslavia. On the territory of this country, a conflict unfolded, which became tragic for the population. When forming the instance, the Charter was approved. It defines the jurisdiction of the body in relation to persons who commit violations of the provisions of the Geneva Conventions and other norms. Such acts include intentional infliction of suffering or murder, inhuman treatment and torture, taking of citizens hostage, illegal deportation, use of special weapons, genocide and so on.
Organization Composition
There are 11 independent judges in this tribunal. They are nominated by states and elected by the General Assembly for 4 years. The list is provided by the UN Security Council. Like previous international tribunals, the prosecutor is also present in this instance. In May 1997, a new composition was elected. In the structure of this tribunal, there are 2 judicial and 1 appeal chambers. The first works three, and the second - five authorized persons. The organization is located in The Hague. The Charter regulates the procedures for the consideration of cases and the preparation of convictions. It also establishes the rights of suspects and defendants, including protection.