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The Relationship between the International Court of Justice and other International and Regional Courts and Tribunals - Essay Example

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Relationship between the International Court of Justice and other International and regional courts and tribunals Introduction In the management of most cases of international concern, the main adjudicative body is the International Court of Justice. This body is authorized by the United Nations as the primary body for the resolution of issues involving human rights violations and other issues involving two or more states…
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The Relationship between the International Court of Justice and other International and Regional Courts and Tribunals
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Download file to see previous pages It shall also discuss any conflicts between these courts, and the challenges and issues which are seen with the emergence of these multiple courts. An evaluation of what this relationship should be will also be discussed. Body Hybrid domestic-international tribunals International courts also operate within the context of hybrid domestic-international tribunals which provide another approach to transitional justice, where societies consider accountability for mass atrocities1. These hybrid courts blend both international and domestic laws and the international courts recognize their existence in so far as they do not conflict with the principles of international law. These courts include foreign judges sitting with domestic judges and hearing cases which are argued by local lawyers within the countries where the cases are being tried2. The judges apply the domestic laws which have been fashioned to accommodate international legal provisions. They operate in an ad hoc manner based on on-the-ground innovations and processes3. These courts have been seen as tools in the management of mass atrocity, especially seen in instances where there are no political tools for the international tribunals or courts to use. ...
his lack of general acceptance is mostly based on the fact that hybrid courts have faced much resistance on both sides – from both the domestic and the international scene. Moreover, hybrid courts who do favour the more international brand of adjudication see these courts as alternatives to the international tribunals. Many national governments, including the US, and other western nations, reject the view that hybrid courts represent trends for the future5. These governments seem to believe that the hybrid courts may eventually end up as replacements for international justice, and that these hybrid courts may undermine the better application of international justice. States who resist international justice, on the other hand view hybrid tribunals as “carrying too many of the trappings of international courts”6. This general resistance towards hybrid courts is considered unfortunate because they present better adjudicatory benefits based on international and local juridical concerns. Hybrid courts adjudicating in the Kosovo case The NATO launched an attack in 1999 which sought to end the ethnic cleansing goals of the Serb forces against the Albanian population in Kosovo. This prompted a declaration from the UN Security Council forming the UN Mission in Kosovo, where the mission was assigned to establish peace and security in the region and to carry out administrative functions, as well as to coordinate humanitarian and disaster relief efforts and to promote human rights. The responsibilities of the mission specifically included the establishment of law and order, as well as the apprehension and prosecution of those who committed war atrocities7. This goal was however not adequately met by the mission because many of the court infrastructures and equipment in ...Download file to see next pagesRead More
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