International courts are formed by treaties between nations, or by an international organization such as the United Nations β and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority.
International courts are formed by treaties between nations, or by an international organization such as the United Nations β and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority.
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings (including genocide or ethnic cleansing), the granting of no quarter despite surrender, the conscription of children in the military, and flouting the legal distinctions of proportionality and military necessity.
The formal concept of war crimes emerged from countries fighting and the codification of the customary international law that applied to warfare between sovereign states, such as the Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for international war. In the aftermath of World War II, the war-crime trials of the leaders of the Axis powers established the Nuremberg principles, such as that international criminal law defines what is a war crime. In 1899, the Geneva Conventions legally defined new war crimes and established that states could exercise universal jurisdiction over war criminals. In the late 20th century and early 21st century, international courts extrapolated and defined additional categories of war crimes applicable to a civil war.
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles. They can be applied to many situations rather than particular circumstances or facts. An answer to a question of law as applied to the specific facts of a case is often referred to as a conclusion of law.
In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Justice will only answer questions of law asked by judges of national courts if they are uncertain about the interpretation of the law of multilateral organizations.
The International Court of Justice (ICJ; French: Cour internationale de justice, CIJ), or colloquially the World Court, is the principal judicial organ of the United Nations (UN). It settles legal disputes submitted to it by states and provides advisory opinions on legal questions referred to it by other UN organs and specialized agencies. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. It is one of the six principal organs of the United Nations.
Established in June 1945 by the Charter of the United Nations, the Court began work in April 1946. It is the successor to the Permanent Court of International Justice (PCIJ), which was established by the League of Nations in 1920. Its founding statute is an integral part of the UN Charter and draws heavily from that of its predecessor. All UN member states are automatically parties to the ICJ Statute. However, the Court's jurisdiction in contentious cases is founded upon the consent of the states party to a dispute, which may be given through special agreements or declarations accepting the Court's compulsory jurisdiction.
International relations (IR, and also referred to as international studies, international politics, or international affairs) is an academic discipline. In a broader sense, the study of IR, in addition to multilateral relations, concerns all activities among statesβsuch as war, diplomacy, trade, and foreign policyβas well as relations with and among other international actors, such as intergovernmental organizations (IGOs), international nongovernmental organizations (INGOs), international legal bodies, and multinational corporations (MNCs).
International relations is generally classified as a major multidiscipline of political science, along with comparative politics, political methodology, political theory, and public administration. It often draws heavily from other fields, including anthropology, economics, geography, history, law, philosophy, and sociology. There are several schools of thought within IR, of which the most prominent are realism, liberalism, and constructivism.
The Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights or ECHR) is a supranational international treaty designed to protect human rights and political freedoms throughout Europe. It was opened for signature on 4 November 1950 by the member states of the newly formed Council of Europe and entered into force on 3 September 1953. All Council of Europe member states are parties to the Convention, and any new member is required to ratify it at the earliest opportunity.
The ECHR was directly inspired by the Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly on 10 December 1948. Its main difference lies in the existence of an international court, the European Court of Human Rights (ECtHR), whose judgments are legally binding on states parties. This ensures that the rights set out in the Convention are not just principles but are concretely enforceable through individual complaint or inter-state complaint procedures.
The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several centuries old), the court was initially well-received from states and academics alike, with many cases submitted to it for its first decade of operation.
Between 1922 and 1940 the court heard a total of 29 cases and delivered 27 separate advisory opinions. With the heightened international tension in the 1930s, the court became less used. By a resolution from the League of Nations on 18 April 1946, both the court and the league ceased to exist and were replaced by the International Court of Justice and the United Nations.
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France.
The court was established in 1959 and decided its first case in 1960 in Lawless v. Ireland. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, meaning that the Convention is interpreted in light of present-day conditions.