Common Legal Risks in Hiring and Firing Practices.pdf
Jurisdiction of the international court of ICJ.docx
1. Jurisdiction of the international court of ICJ
The ICJ only has jurisdiction based on consent, not compulsory jurisdiction. It does not enjoy a full
separation of powers, with permanent members of the Security Council being able to veto
enforcement of cases, even those to which they consented to be bound.
ICC JURISDICTION
The ICC exercises an enforcement jurisdiction that cannot prejudice non-consenting States’
enjoyment of their own rights, including those rights they claim on behalf of nationals abroad. The
“true nature” of international criminal jurisdiction
ICTY JURISDICTION
In accordance with its Statute, the ICTY has jurisdiction over the territory of the former
Yugoslavia from 1991 onwards. It has jurisdiction over individual persons and not organisations,
political parties, army units, administrative entities or other legal subjects.
ICTR
The ICTR chamber has the jurisdiction to convict for the crime of conspiracy and public
incitement to commit genocide, even if they had begun before 1994, by characterizing them as
continuing offenses (Case No. ICTR-99-52-A, p.94), but both Judges and Prosecutors expressed
different views on this issue.
STL
The Special Tribunal for Lebanon (STL), also referred to as the Lebanon Tribunal or the Hariri
Tribunal, is a tribunal of international character applying Lebanese criminal law to carry out the
investigation and prosecution of those responsible for 14 February 2005 assassination of Rafic
Hariri, the former Lebanese prime minister, and the deaths of 21 others, as well as those responsible
for connected attacks.
ECCC JURISDICTION
The ECCC’s jurisdiction is limited to Cambodian atrocity crimes committed between April 17,
1975, and January 6, 1979. The court agreed to try senior leaders of the Democratic Kampuchea
and “those believed to be most responsible grave violations of national and international law.”
2. SCSL
The SCSL had the jurisdiction to try any persons who committed crimes against humanity against
civilians that included: murder; extermination; enslavement; deportation; imprisonment; torture; rape,
sexual slavery, forced prostitution or any other form of sexual violence; persecution on the basis of
politics, race, ethnicity or religion; and other "inhumane acts."
TOKYO TRIBUNALS
Broader temporal jurisdiction
The Tokyo Trial exercised broader temporal jurisdiction than its counterpartin Nuremberg,
beginning from the 1931 Japanese invasion of Manchuria. Twenty-eight high-ranking Japanese
military and political leaders were tried by the court, including current and former prime ministers,
foreign ministers, and military commanders.
Nuremberg JURISDICTION
The Nuremberg Charter limited the jurisdiction of the court to Germany's actions because the Allies
did not want to answer to an international court; only Germans could be tried.