ETV that international couits and tribunals are successful

What institutions will I use in the essay

• ICC

• ICJ

• ECtHR

• UN tribunals

What do the ICC, ICJ, ECtHR, and UN tribunals aim to do

hold states to account for crimes such as genocide, war crimes and HR violations

Main paragraph points

1. they promote justice and accountability vs justice can appear selective

2. contribute to peaceful conflict resolution vs nation-building failings

3. structural strengths vs weaknesses impact on their success

Examples of courts and tribunals holding individuals to account and establishing legal norms

• The UN tribunal for former Yugoslavia   

• Tribunal for Rwanda

• ICC convicting Thomas Lubanga Dyilo – Congolese warlord sentenced to 14 yrs for Hr abuses incl. recruiting child oldies   

The UN Tribunal for the former Yugoslavia

• claimed to have brought thousands of victims to justice and advanced international justice standards 

• sentenced 90 war criminals incl high profile leaders e.g. Karadzic and Mladic

what did the tribunal for Rwanda establish

• established the precedent that rape could be sued as a way of perpetrating genocide and the media could be held accountable for encouraging genocide 

analysis for courts and tribunals holding individuals to account and establishing legal norms

• International justice can punish perpetrators and reinforce global legal standards 

• Develop international legal precedents  

• Railings can help strengthen international criminal law  

• Contribute to a global culture of accountability  

liberal analysis for courts and tribunals holding individuals to account and establishing legal norms

Institutionalise international law – making it more difficult for perpetrators to act with impunity  

examples of International justice appearing selective or politically motivated – unjust  

• Rwanda tribunal prosecuted mainly the Hutus – crimes by the ruling Tutsi forces were largely ignored  

• Tribunals resemble “victors justice” – similar criticisms to the Nuremberg trials  

• Mary Robinson – then UN High Commissioner for HR criticised NATO air bombing of Serbia during Kosovo war in 1999  - should be held accountable for inflicting war crimes – never held responsible  

• UNSC – veto e.g. Russia veto the establishment of a UN tribunal over the shooting down of Malaysian Flight 17 over Ukraine  

 

analysis of International justice appearing selective or politically motivated – unjust  

• Powerful states may avoid accountability altogether  

• Undermines the legitimacy of international courts by perceptions of selective justice 

• “What makes it immoral if you lose but not immoral if you win” Robert McNamara former secretary of defence under Kennedy  

realist analysis of International justice appearing selective or politically motivated – unjust  

• Veto used when countries believe courts will not serve in their national interests    

• International anarchy  - Mearsheimer argues there is no ‘night watchman’ that can enforce international behaviour and thus NSs exist in a ‘self-help’  

examples of C and T contributing to peaceful dispute resolution and promoting the development of international law 

• ICJ 1992 El Salvador and Honduras border dispute solved  

• ICJ 2002 solved dispute between Nigeria and Cameroon over the Bakassi Peninsula  

• ECtHR strengthening protection on HR e.g. legalisation of homosexuality in Northern Ireland in 1982 

What was the dispute between Nigeria and Cameroon over? when did it happen?

• 2002

• Bakassi Peninsula

analysis of C and T contributing to peaceful dispute resolution and promoting the development of international law 

• Resolve disputes peacefully through legal mechanisms vs military conflict  

• International courts help reinforce international legal standards and promote stability within the international system  

Liberal analysis of C and T contributing to peaceful dispute resolution and promoting the development of international law 

• Reflecting the liberal belief that international law is possible and desirable  

• Perhaps suggesting that through these international courts state an cooperate reflecting JD Bowens college campus analogy of IR where more work can be achieved working together than acting in hostile isolation

examples of the effectiveness of these institutions and tribunals depending heavily on state cooperation 

• US withdrawing from ICJ after losing the Nicaragua case in 1984  

• UK refusal to implement the ECtHR ruining on prisoner voting rights  

• Israel ignoring the ICJ advisory opinion declaring the West Bank separation wall illegal  

analysis of the effectiveness of these institutions and tribunals depending heavily on state cooperation 

Demonstrates how courts promote international law and their authority is limited because states can ignore rulings – non-binding  

realist analysis of the effectiveness of these institutions and tribunals depending heavily on state cooperation 

• Resist national interests still influence the behaviour of states  

• States are power-maximisers and will put their own sovereignty over international law – which challenges their authority  

• PM Lord Palmerston “only national interests are eternal and perpetual”   

Lord Palmerston quote

“only national interests are eternal and perpetual”

point for courts having structural strengths

International courts have developed important global institutions and legal frameworks 

 

examples of International courts developing important global institutions and legal frameworks 

• ICC permanent court designed to prosecute genocide, war crimes and crimes against humanity  

• ICC expanded investigations now beyond Africa – investigations into HR abuses by allied forces in Afghanistan and the IDF in the Gaza Strip – ICJ has universal jurisdiction meaning it can hear cases from any UN member state 

• Set legal precedents – strengthening the international legal system

analysis of International courts developing important global institutions and legal frameworks 

• Consistent and institutionalised mechanism for accountability  

• Attempt to apply international law more universally  

liberal analysis of International courts developing important global institutions and legal frameworks 

• More rules-based approach to international affair

• rather than resorting to war, cases can be submitted to the ICJ for arbitration 

examples of structural weaknesses of courts

• Major powers e.g. US, China, Russia and India don’t accept the ICC jurisdiction  

• ICC have no enforcement mechanisms and rely on states to arrest suspect  

• Perceived bias – often a focus on African countries for HRs abuses e.g. 2012 all 24 people facing trial by the ICC were form Africa   

analysis of structural weaknesses of courts

• Perceived bias suggests that international courts have a western imperial influence  

• Undermining impartiality and legitimacy

Realist analysis of structural weaknesses of courts

International courts remain constrained by state sovereignty and global power politics  

• as powerful states can simply refuse to recognise their authority