International Courts and Tribunals

I. Introduction: 

 

On November 8, 2000, the heads of the delegations of Belize and Guatemala signed an agreement to adopt a comprehensive set of "confidence-building measures to avoid incidents between the two countries", according to the press release E-195/00 issued by the Permanent Council of the Organization of the American States (OAS) in Washington, D.C. This agreement was described by the Secretary-General of the OAS, Cesar Gaviria, as a milestone. 

 

Introduction

 

The United Nations and Sierra Leone are about to establish a hybrid international-domestic Court to prosecute those allegedly responsible for atrocities in the Sierra Leone civil war. This will be the third ad hoc international criminal court to be created by the United Nations over the last decade, following the establishment of the war crimes tribunals for the former Yugoslavia (ICTY) in 1993 and Rwanda (ICTR) in 1994.

 

Background

 

On June 21, 2000, the International Court of Justice (ICJ) ruled (14-2) that it lacks jurisdiction to adjudicate the dispute brought by Pakistan against India in September 1999. The Court, which is the principal judicial organ of the United Nations entrusted with settling legal disputes between sovereign States, consists of 15 judges elected to nine-year terms by the UN General Assembly and Security Council, together with two judges ad hoc appointed especially for the case by Pakistan and India. The ICJ has its seat at the Peace Palace in The Hague, the Netherlands.

A number of recent decisions have been issued by the European Court of Human Rights in Strasbourg (the "ECHR"), which are significant not only for their content, but for the broad scope of the subject matter addressed.(1) The ECHR provides European nationals, and others, a forum that transcends national court authority for adjudication of issues in instances where they believe their human rights, as guaranteed by the European Convention on Human Rights (the "European Convention"),(2) have been violated. 

 

On February 3, 2000, a court in Senegal indicted Hissène Habré, the head of state in Chad from 1982 to 1990, for presiding over a pattern of torture during the period of his rule in Chad.  Habré fled from Chad to Senegal after being overthrown in 1990.  He has lived in Senegal since then.

The case is similar to, but not the same as, the proceedings in the United Kingdom aimed at the extradition of former Chilean head of state Augusto Pinochet to Spain for prosecution on charges of presiding over systematic torture in Chile while he was in power there.