The International Court: Difference between revisions
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| TBD, {{flag|Kentalis}} | | TBD, {{flag|Kentalis}} | ||
| Administers probation, bail, supervised release, collections, pre-trial confinement, as well as prepares evidence, case material, and publications for trials or disputes. Ensures compliance of decisions in the context of international law for the International Court as applicable. It also provides policies for the International Prison Complex (IPC) which is owned and administered by government of Kentalis. | | Administers probation, bail, supervised release, collections, pre-trial confinement, as well as prepares evidence, case material, and publications for trials or disputes. Ensures compliance of decisions in the context of international law for the International Court as applicable. It also provides policies for the International Prison Complex (IPC) which is owned and administered by government of Kentalis. | ||
| Director | | Director Fatiha Ghazali of {{flag|Salamat}} | ||
|- | |- | ||
|International Bar Association (IBA) | |International Bar Association (IBA) |
Revision as of 17:52, 23 April 2023
This article is incomplete because it is pending further input from participants, or it is a work-in-progress by one author. Please comment on this article's talk page to share your input, comments and questions. Note: To contribute to this article, you may need to seek help from the author(s) of this page. |
International Court | |
---|---|
Motto: "In Justitia Uniti" "United in Justice" | |
Anthem: "International Tribunal" | |
International Court HQ | Cape Reach, The Vanna |
Type | judicial union |
Leaders | |
Establishment | |
• Charter of the International Court | 14 November 1997 |
Website ic.int |
The International Court (IC), sometimes known as the World Justice Court, the International Arbitration Court, or the International Court of Justice, is an international governmental organization that primarily settles disputes between its member states in accordance with international common law, treaties, and other agreements. The Court also occasionally investigates, processes, and tries individuals charged with crimes against humanity, war crimes, or other crimes deemed to be of international interest. The Court also rarely gives advisory opinions on various other topics involving international law and actions.
The Court has several different branches with a range of functions that are not limited to, but include administration, diplomacy, police work, investigation, trial services, and qualifying individuals for service in international law. However, it is up to member states to submit matters to the Court for it and its branches to process. This effectively makes the Court a reactionary organization and not a proactive one, thus ensuring that the sovereignty of governments within its member states are not infringed upon.
The Court maintains that its decisions are only binding to its member states, however it is on its member states to collectively work together to enforce the Court's decisions. Member states are free to leave and join the organization at their leisure and there are no requirements to join the Court other than the nation's application being accepted by the Justices of the International Court.
The Court occasionally hears disputes or tries individuals from non-member states, however these decisions and trials are only advisory, non-binding actions unless the non-memeber state decides the Court has jurisdiction for that one particular action. The court will also take no action to ensure enforcement of advisory opinions or decesions. Currently, the IC is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international common law.
The IC was established on November 4th, 1997. The Charter of the IC sets forth its purposes, rules, statues, format, and procedure. The IC's governing body and court makeup itself is a bench of seven judges elected by delegates for twenty-year terms. The International Court is headquartered in Cape Reach, The Vanna, with its remaining branches headquartered elsewhere among the world.
History
The idea of an international institution established for the purpose of settling international disputes and trying war crimes has been proposed by various governments and people throughout the 19th and 20th centuries, however logistical and political barriers among other various limitations prevented the idea from evolving foward and it faded from discussion. Renewed efforts came later after the Great War, but again quickly faded. It would not be until the mid-1990s that the idea was realized.
Executive Minister Nathan H. Chamberlain of the Vanna organized and called for a convention for purposes of creating the International Court in October of 1995. Negotiations with its eventually member states lasted until November of 1996. The final draft of the Charter of the International Court was approved later that month. The future member states the allowed some time to put the structure of the court in place, leading to the IC being formaly established on November 14th, 1997.
The first branches of the Court were the Court itself, the Administrative Services Branch, and the Diplomatic Core. However, to increase the effectiveness of the Court and, ANTERPOL, the International Bar Association, and the International Protection Service were all conceived shortly thereafter and further negotiations between member states led to their eventual adoptment in July of 1998.
After various talks with the Kentalian government, on February 9th, 1999, The IC created International Pre-Trail and Post-Trail Services, was created to delegate certain services of the court, including the building of the International Prison Complex, construction of which was completed in early 2000. The ICP is owned by the Kentalian government but complies with IPTPTS policy.
Selected Cases
This article is incomplete because it is pending further input from participants, or it is a work-in-progress by one author. Please comment on this article's talk page to share your input, comments and questions. Note: To contribute to this article, you may need to seek help from the author(s) of this page. |
Name: | Case: | Date of Trail: | Charge: | Ruling/Sentence: | Notes |
Lev Smirnov of Kentalis | International Community v. Smirnov | 7 August 2020 | Terrorism (Domestic) | Smirnov had committed a terrorist act in Kentalis which resulted in the death of 48 citizens. After his arrest, he was tried in the IC under the Terrorism Clause. The Court ruled that Smirnov was guilty of Domestic Terrorism, reasoning that the overwhelming evidence was indisputable. The Court sentenced Smirnov to life in prison. He is current serving his Life-Sentence in Kentalis at a separate facility than the International Prison Complex. | Smirnov was the case that solidified the Court's power to hear domestic terrorism cases. As during trial Smirnov objected to the court's jurisdiction arguing that his actions were an internal Kentalis mater. The court held in the majority that defended its jurisdiction, holding that "parties to the charter intended all terrorism to be subject to this court's review" because "terrorism is such a grave act that concerns the international community as a whole, regardless of how localized it may be." The majority also mentioned that the government of Kentalis had consented to having Smirnov put on trail by the IC. Justice Weidmann dissented from the opinion arguing that domestic terrorism was a internal issue to each nation. |
Organization
The International Court is made up of seven separate entities which include the court itself, ANTERPOL, International Pre-Trial and Post-Trail Services, the International Bar Association, the Administrative Services Branch, Diplomatic Core, and the International Protection Service. The IC'S budget is comprised of both donations from international governments as well as from the general public
Agency | Headquarters | Purpose | Leader |
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International Court (IC) | Cape Reach, The Vanna | Settle disputes between its member states and decide outcome of trials of international crimes in accordance with international law and give advisory opinions on other various areas of international law. | Chief Justice Enrique Santiago of The Vanna |
The International Criminal Police Organization (ANTERPOL) | Tör, Sauthar | Facilitates police cooperation, investigations, and crime control between member states with regards to international crimes and international law, among other duties. It also has specialized agents that have the power to arrest with relation to international crimes and law. | Director Brigittä Flókkur Auðurtról of Sauthar |
International Pre-Trial and Post-Trial Services (IPTPTS) | TBD, Kentalis | Administers probation, bail, supervised release, collections, pre-trial confinement, as well as prepares evidence, case material, and publications for trials or disputes. Ensures compliance of decisions in the context of international law for the International Court as applicable. It also provides policies for the International Prison Complex (IPC) which is owned and administered by government of Kentalis. | Director Fatiha Ghazali of Salamat |
International Bar Association (IBA) | Veligrad, Morrawia | To qualify lawyers and judges for service in international law. | Chairman Emanuel Swoboda of Morrawia |
Administrative Services Branch (ASB) | Cape Reach, The Vanna | Provides administrative and financial services to member state governments, judges, lawyers, and other personal in the International legal system. Maintains and drafts fourms, documents, codes, procedural products, records, agreements, and other such objects pertaining to international law pertaining to the International Court. Provides human resource, technical support, and general information to member state governments, judges, lawyers, and other personal in the international legal system. | Director Robert M. Toomey of The Vanna |
Diplomatic Core (DC) | Harpan, Pohnpenesia | Provides coordination, translation, transportation to member state representatives, judges, and lawyers in the international legal system. Conducts outreach and educates for the IC and its branches. Collects donations and funding for the IC and its branches. Conducts diplomacy on behalf of the IC to governments, NGOs, and other international organizations.
Organzies recruitment of new member states. Conducts recruitment of judges, lawyers, and support staff for the IC and other branches (except ANTERPOL which recruits its own members) |
Director Shane Campbell of The Vanna |
Composition
The IC is composed of seven judges elected to thirty-year terms. The judges were nominated by IC member states and then voted on by the member state's Ambassadors to the IC. The Chief Justice is chosen by being the most senior member by virtue of appointment to the court. The current Cheif Justice is Enrique Santiago of the Vanna,. Judges of the IC are entitled to the style of Their Honor. No two judges serving may be nationals of the same country nor can any judge be elected more than once. The working language of the court is common.
To be a eligible judge for service on the bench of the IC, the judge needs to have served as judge in a member state, be among persons of "high moral" character, not hold any other political office at the time of their assent to the bench, be able to hold impartiality, have no conflicts of interest, understand and apply international law, be of at least 30 years of age, and cannot be convicted of any felony or high crime in a member state.
Judges may deliver joint judgments or give their own separate opinions. Decisions and advisory opinions are by majority. Judges may also deliver separate dissenting opinions.
The Current Seven Justices of the Court
Justice | Nation | Term |
---|---|---|
Enrique Santiago | The Vanna | 1997-2027 |
Þórheiður Ómi Galdurtról | Sauthar | 1997-2027 |
Jurisdiction
The International Court and its various agencies have full jurisdiction in all its member states, and limited "invited" jurisdiction elsewhere.
Members
Nation | Year Joined |
---|---|
The Cape Bay | 1997 |
Kentalis | 1997 |
Morrawia | 1997 |
Sauthar | 1997 |
Swinas | 1997 |
The Vanna | 1997 |
Vileria | 1997 |
Zhiguryia | 1997 |
Achwyfan | 1998 |
Riojania | 2002 |
Chozko | 2002 |
Salamat | 2002 |
Pohnpenesia | 2009 |
Flatstone | 2011 |
International Crimes
To hear a case, a member state must submit matters to the IC and all the justices have to be unanimous on agreeing to hear it, thus it can lead to many cases being procedurally dead on arrival, nevertheless, The IC and its agencies have jurisdictional power over the following crimes:
This article is incomplete because it is pending further input from participants, or it is a work-in-progress by one author. Please comment on this article's talk page to share your input, comments and questions. Note: To contribute to this article, you may need to seek help from the author(s) of this page. |
Crime | Notes |
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Assassination | Applies only when a national of a member state murders or assassinates a national of a foreign state. That foreign national does not have to be a member of the IC. The IC does not hear matters relating to domestic assassination. |
Crimes Against Humanity[1] | Applies only when a national or nation commits an action so gravely terrible that it's negative effects can be construed by the court to have made a impact on all nations within the court's jurisdiction. |
Genocide | Applies only when a national or nation commits genocide. |
Reckless Warfare | Applies only when a member state fails to declare war, or declares war with no valid Casus belli, when such member state is the "aggressor". |
Reckless Employment of a Weapon of Mass Destruction | Applies only when an individual acting on their own accord, without authorization from their government, employs a weapon of mass destruction. |
Sponsorship of International Terrorism | Applies only when a member state can be construed by the court to have have sponsored terrorism in any capacity. |
Terrorism (International) | Applies only when a national of a member state or nation commits an act that can be construed by the court as terrorism in another member state. |
Torture | Applies only when a national of a member state or nation commits an act that can be construed by the court as torture in another member state. |
Violations of Accords or Treaty Rights | Applies only when a nation violates an accord or treaty it has committed tow with another member state. |
Violations of Human Rights | This is the only crime which the Court constitutes as subjective and is charged when a majority of the justices deems it has been violated. It is usually accompanied by other crimes such as torture, genocide, and crimes against humanity. |
Violations of the Ludahall Accords for International Conflict | See https://docs.google.com/document/d/1i0VORu9mCoO0mznahZQL5XUcTgRnEF7kG3iXURJe74U/edit . Applies only when the member state is a signatory to the Ludahall Accords and a member of the IC. |
See Also
External Links
- ↑ procedurally dead