International tribunals, their activities and statutes

International tribunals in international law act as authorities authorized to deal with special cases. Such institutions are formed and function in accordance with international agreements or, as a rule, in accordance with the UN Security Council Act. Let us consider in detail what international tribunals are.

International Criminal Court in the Case of the Leaders of Fascist Germany

He is one of two authorized institutions that have fully accomplished 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, Britain and America, signed on August 8, 1945. His task was to review the case and make a decision regarding the military and state figures of Hitler's Germany. The procedure for its creation, competence and jurisdiction were defined in the Charter annexed to the agreement.

Structure of the institution

International courts and tribunals are formed from representatives of different countries. Established in August 1945, the authority consisted of four members and the same number of deputies - one from the country party to the agreement. In addition, from each state was sent his 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 the 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 cruelties against civilians).

Work period

The first tribunal was formed to run an unlimited number of processes. As a permanent location was Berlin. It held its first meeting in early October 1945. The work of the organization was limited in practice to the Nuremberg Trials. It was held from November 20, 1945 to October 1, 1946. The Charter and the Rules determined the procedure for trial and hearings. As a punishment for the perpetrators, the death penalty or imprisonment was supposed. The verdict that the members of the tribunal rendered was considered final. It was not subject to revision and was implemented in accordance with the order of the Control Council 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 verdict was executed on the night of October 16, 1946. On December 11 of the same year, a resolution of the General Assembly was adopted, which confirmed international legal principles implemented in the Charter of this tribunal and its verdict.

The Tokyo Process

The second tribunal was formed to try the Japanese criminals. It was composed of representatives of eleven countries. The chief prosecutor was appointed commander-in-chief of the Japanese occupation forces. They 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.

The situation today

The Conventions on genocide and apartheid documented a potential opportunity to form new international judicial tribunals. For example, in one of these acts it is determined that the cases of those accused of genocide must be considered in the territory of the country where it was carried out by the authorized bodies. They can be both internal organizations, and international tribunals. Currently, the issue of creating one permanent body, which would consider crimes of a global scale, is being discussed.

The activities of the international tribunals discussed above were limited to a spatial and temporal framework. If a permanent body is created, then it should not have such restrictions.

Jurisdiction of permanent jurisdiction

This problem has been dealt with by the Commission at the United Nations on behalf of the General Assembly. To date, recommendations have been prepared for the establishment of a permanent body on the basis of a multilateral treaty in the form of a statute (Charter). The powers of the instance should presumably include the examination of cases concerning citizens. However, in the long term it is also planned to extend the competence to the states.

Like previous international tribunals, the permanent 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 world Conventions.

According to a number of experts, the prevailing view on the issue of competence should be the one according to which the powers 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 the acts and punishments for each of them. As the main sanctions should be a conclusion for a specific period or for life. The question of the use of the death penalty remains controversial today.

Structure

Previous international tribunals consisted of representatives of the countries participating in the relevant agreements. The composition of the courts was different. In the event of the formation of a permanent body, the chairman with the deputies and the presidium will presumably enter it. The latter will perform both administrative and judicial functions. As for the direct examination of cases, as well as sentencing, these tasks are supposed to be assigned to the respective chambers. Presumably, the activities will be carried out in two directions:

1. Independent investigation. It will be held on behalf of the world community in the respective countries.
2. Investigation through the authorized national authorities.

The 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 broke out, which became tragic for the population. At the formation of the instance, the Charter was approved. It defines the jurisdiction of the body concerning 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 hostages, illegal deportation, use of special weapons, genocide and so on.

Structure of the organization

In this tribunal there are 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 previous international tribunals, there is also a prosecutor in this instance. In May 1997, a new composition was elected. In the structure of this tribunal there are 2 judicial and 1 appellate chambers. In the first there are three, and in the second - five authorized persons. There is an organization in The Hague. The Charter regulates the procedures for dealing with cases, drawing up convictions. It also establishes the rights of suspects and accused, including protection.