U. S. Judicial System

- Established in 1899

- Meets in The Hague

- Free standing body (not affiliated with the UN)

- Inspired by American diversive jurisdiction model

- Provides services for the resolution of disputes

between different countries, intergovernmental organizations, and private parties (treaty violations, boundary disputes, human rights, international investment, international trade)

International Courts…continued

International Criminal Court (“War Crimes Tribunal”)

- Established in 1998

- Based in The Hague

- Free standing body (not affiliated with the UN)

- 123 members nations

- 18 judges elected for 9 year terms by the nations who are Court members

- Deals with:

* war against peace/war of aggression

* genocide

* crimes against humanity

* war crimes

- Established in the aftermath of the genocides in Yugoslavia and Rwanda and the temporary “War Crimes Tribunals” that were established.

Primary Jurisdiction of the International Criminal Court

War crimes - Acts of violence against civilian populations or prisoners of war

by military personnel in violation of the laws and customs of war, not justified by

military necessity; Acts involving weapons or military methods of unusual

cruelty or devastation. Violence is the nature of warfare, though it is generally

recognized that violence should be limited to military personnel and military

targets.

Crime Against Peace/Crimes of Aggression - Acts based on the distinction

between offensive and defensive warfare. Offensive wars are illegal, but wars

in defense of one’s country and sovereignty are considered legal.

Crime Against Humanity - Acts that violate concepts of natural law and natural

rights of human beings as human beings.