International Tribunals in International Lawact as the instances authorized to consider special cases. Such institutions are formed and function in accordance with amicable agreements or, as a rule, according to an act of the UN Security Council. Let us further consider in detail what the international tribunals are.
International Criminal Court in the case of the leaders of Nazi Germany
He is one of two authorizedinstitutions that have fully fulfilled their tasks. These international tribunals functioned after World War II. The first was formed in accordance with the agreement between the governments of Russia, France, Britain and America, signed on August 8, 1945. His task was to review the case and make a decision regarding the military and state leaders of Hitler's Germany. The order of its creation, competence and jurisdiction were defined in the Charter attached to the agreement.
The composition of the institution
International courts and tribunals are formed fromrepresentatives of different countries. Established in August 1945, the instance consisted of four members and the same number of deputies - one each from the member country of the agreement. In addition, each state was sent its own chief prosecutor and other officials. The defendants were supposed to have procedural guarantees, 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:
- 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 atrocities against civilians).
Work period
The first tribunal was formed tounlimited number of processes. Berlin became the permanent location. The first meeting was held in it at the beginning of October 1945. The work of the organization was limited in practice by the Nuremberg process. It took place from November 20, 1945 to October 1, 1946. The statute and regulations defined the procedure for trials and sessions. As a punishment for the perpetrators, the death penalty or imprisonment was proposed. The sentence that the members of the tribunal made was considered final. It was not subject to revision and was implemented in accordance with the order of the Supervisory Board of Germany. This body was the only institution authorized to change the decision and consider petitions for clemency of convicts.
After rejecting the statements of the perpetrators,sentenced to death, the sentence was executed on the night of October 16, 1946. On December 11 of the same year, a resolution was adopted by the General Assembly, which reaffirmed the international legal principles implemented in the statute of this tribunal and its sentence.
Tokyo process
A second tribunal was formed to tryJapanese criminals. It consists of representatives from eleven countries. The chief prosecutor was appointed commander-in-chief of the occupying forces of Japan. They became the representative of the United States. All other states have appointed additional prosecutors. The trial took place from May 3, 1946 to November 12, 1948. The tribunal ended with a conviction.
Situation today
In the Conventions on Genocide and Apartheid wasrecorded the potential to form new international judicial tribunals. For example, in one of such acts it was determined that the cases of those accused of genocide should be considered on the territory of the country, where it was carried out, by the competent authorities. They can be both internal organizations and international tribunals. The question of creating a single permanent body that would consider crimes of a global scale is currently being discussed.
Деятельность международных трибуналов, discussed above, was limited to spatial and temporal frameworks. If a permanent body is created, then it should not have such restrictions.
Permanent jurisdiction
Over the past years, this problem has beenCommission at the UN on behalf of the General Assembly. To date, recommendations have been prepared concerning the establishment of a permanent body on the basis of a multilateral treaty in the form of a statute (Charter). The authority of the instance is supposed to include the consideration of cases concerning citizens. However, in the future, it is planned to extend the competence to the states.
Like the former international tribunals, the permanentThe body should consider crimes against the security of mankind and the world and other similar acts that are included in the category of "transnational". From this it follows that the jurisdiction of the instance must be associated with the relevant international conventions.
According to some experts, the prevailing pointIn terms of competence, it should be considered that 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 only acceptable is the inclusion in the Charter of clear wording of acts and punishments for each of them. The main sanctions should be imprisonment for a specific period or for life. The question of the use of the death penalty remains controversial today.
Structure
The previous international tribunals consisted ofrepresentatives of countries participating in the relevant agreements. The composition of the instances was different. In the case of the formation of a permanent body, it is assumed that it will include a chairman with deputies and a presidium. The latter will perform both administrative and judicial functions. As for direct consideration of cases, as well as sentencing, 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 of authorized national authorities.
Yugoslav process
In 1993, on 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 was unleashed, which became tragic for the population. When forming the instance, the Charter was approved. It defines the jurisdiction of the authority over persons who commit violations of the Geneva Conventions and other norms. Such acts include the deliberate infliction of suffering or murder, inhuman treatment and torture, taking citizens hostage, illegal deportation, the use of special weapons, genocide, and so on.
The composition of the organization
This tribunal has 11 independent judges.They are sent by states and elected by the General Assembly for 4 years. The list is provided by the UN Security Council. Like the previous international tribunals, the prosecutor is also present at this instance. In May 1997, a new composition was elected. In the structure of this tribunal, there are 2 trial and 1 appeal chambers. In the first works on three, and in the second - five authorized persons. The organization is located in The Hague. The Charter regulates the procedures for the consideration of cases and the drafting of convictions. It also establishes the rights of suspects and defendants, including the defense.
