International Courts Books

Case-Law of the World Bank Administrative Tribunal: An Analytical Digest Volume III (Case-Law of the World Bank Administrative Tribunal)

C. F. Amerasinghe

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This third volume of the comprehensive digest of the World Bank Administrative Tribunal's case-law deals with cases decided between July 1991 and April 1996. The author cites those parts of judgments which pertain to a particular issue, providing first-hand access to the Court's actual decisions on that issue. The pronouncements are arranged to give a clear picture of the contribution made to the law governing the international civil service. The author was awarded the 1989 Certificate of Merit by the American Society of International Law for his two-volume treatise on the law of the international service.

The International Criminal Court - The Making of the Rome Statute: Issues, Negotiations and

Roy S. Lee

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`It was [...] an historic moment and certainly one of the finest moments in the history of the United Nations, when, finally, the Rome Statute creating such a permanent international criminal court was adopted on 17 July 1998 at the United Nations Conference in Rome, Italy. As I have stated before, this Court will be a gift of hope to future generations, its creation represents a giant step forward in the march towards universal human rights and the rule of law. It is therefore a fitting way to inaugurate the new millennium. This publication is a collective work by a group of persons closely associated with the actual making of the Rome Statute. It covers the substantive and procedural issues raised during the preparatory stages as well as the Conference. These active participants in the Conference provide an account of the main contentions on each of the key issues, the divergent approaches put forward by the principal proponents, how differences were resolved, how groups of articles were prepared, and how the final text as a whole was assembled. All the authors served certain key functions during the Conference, most of them chaired or co-ordinated the work of a committee, a working group or a negotiating body, all of which together produced the Statute. Their professional account of the work of the Conference makes this publication a unique resource for States contemplating ratification and preparing national implementation legislation. This book gives the insiders' reportage of the negotiations that culminated in this momentous Statute.' From the Foreword by Kofi A. Annan, Secretary-General of the United Nations

Global Justice: The Politics of War Crimes Trials

Kingsley Chiedu Moghalu

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After a controversial war in which he was ousted and captured by United States forces, Saddam Hussein was arraigned before a war crimes tribunal. Slobodan Milosevic died midway through his contentious trial by an international war crimes tribunal at The Hague. Calls for intervention and war crimes trials for the massacres and rapes in Sudan's Darfur region have been loud and clear, and the United States remains fiercely opposed to the permanent International Criminal Court. Are war crimes trials impartial, apolitical forums? Has international justice for war crimes become an entrenched aspect of globalization? In Global Justice, Moghalu examines the phenomenon of war crimes trials from an unusual, political perspective--that of an "anarchical" international society. He argues that, contrary to conventional wisdom, war crimes trials are neither motivated nor influenced solely by abstract notions of justice. Instead, war crimes trials are the product of the interplay of political forces that have led to an inevitable clash between globalization and sovereignty on the sensitive question of who should judge war criminals. From Germany's Kaiser Wilhelm to the Japanese Emperor Hirohito, from the trials of Milosevic, Saddam Hussein, and Charles Taylor to Belgium's attempts to enforce the contested doctrine of "universal jurisdiction," Moghalu renders a compelling tour de force of one of the most controversial subjects in world politics. He argues that, necessary though it was, international justice has run into a crisis of legitimacy. While international trials will remain a policy option, local or regional responses to mass atrocities will prove more durable.

World Court Digest 1986-1990

Juliane Kokott

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This is a new start of an old activity of the Max-PlanckInstitute for foreign public law and international law in Heidelberg. Since 1931 a Digest of the Decisions of the Permanent Court of Justice has been published. The last volume appeared in 1990 covering the period 1976-1985. The general title was "Fontes Iuris Gentium" and the subtitle "Digest of the Decisions of the International Court of Justice". The Insitute has now decided to publish the Digest under the short title "World Court Digest", in English only. The general pattern of the earlier volumes has been maintained but a few important changes should be noted. The parts of the judgments or separate opinions reproduced are frequently longer, to make it easier for the reader to see the context of a specific statement. Separate opinions are being reproduced in a restrictive manner, only where they concern essential points of a judgment. The order of presentation has been changed to allow for a better possibility to work with the Digest.

World Court Digest

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The World Court Digest continues the Fontes Iuris Gentium, a series that presents the decisions of the Permanent Court of International Justice, up to 1990. The new volume covers the period from 1996 to 2000. All important pronouncements of the Court in its judgments and advisory opinions, are systematically arranged under specific topics taken from substantive and procedural international law. The World Court Digest provides reliable access to the decisions of the most significant international judicial organ on questions as important as the aerial incident at Lockerbie, the crimes of genocide in Bosnia and Herzegovina, as well as the use of nuclear weapons and the use of force in the Yugoslavian context.

Judicial Remedies in International Law (Oxford Monographs in the International Law)

Christine D. Gray

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The first comprehensive study of judicial remedies in international law, this book begins with a close examination of the early development of judicial remedies through the varied practice of international arbitral tribunals. Gray then goes on to evaluate the significance of the contributions made by the Permanent Court of International Justice, its successor the International Court of Justice, and specialized tribunals such as the European and American courts of human rights and the United Nations administrative tribunal. The author finally considers whether recent international commercial arbitration offers a new approach to the question of judicial remedies.

International Fugitives: A New Role for the International Court of Justice

Barbara M. Yarnold

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In this penetrating analysis of international extradition practices, Barbara Yarnold argues that, as they currently exist, these practices are not functioning adequately. This breakdown is confirmed, she demonstrates, by repeated incidents of illegal international extradition, most recently the 1989 "gunboat extradition" of Panama's General Noriega by the United States. Yarnold contends that the inability of current extradition procedures to fulfill the needs of the parties involved poses a serious threat to world peace and security because the extra-legal extraditions that are substituted often involve the violation of the territorial sovereignty of another state. Yarnold proposes an alternative mechanism for dealing with requests for international extradition in which the International Court of Justice plays a central role. Divided into three parts, the book begins with a group of chapters that examine and evaluate contemporary extradition practices. The author looks at the history of extradition agreements, analyzes the international extradition proceedings of U.S. district courts during the last sixty years, and shows that the inherent uncertainty and delay in international extradition practices often leads frustrated states to resort to extra-legal or illegal alternatives. In Part II, Yarnold examines efforts that have been made toward resolving international disputes through negotiation rather than through the use of force, focusing particular attention on the development of the International Court of Justice. Finally, the author suggests that the world community of states grant to the International Court of Justice jurisdiction over both international crimes and crimes committed against states but involve the flight of the fugitive from one state to another. She suggests further that the decision regarding whether or not international extradition of a fugitive is warranted should also be made by the International Court of Justice, instead of by courts within states, which are subject to local biases. Students of international relations and international law will find Yarnold's work illuminating reading.

Judging the World Court

Thomas M. Franck

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The Compulsory Jurisdiction of the International Court of Justice (Legal Aspects of International Organization, Vol 14) (Legal Aspects of International Organization, Vol 14)

Renata Szafarz

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States are increasingly accepting the idea of compulsory jurisdiction for the International Court of Justice and the Court has more cases on its docket than ever before. This monograph deals with the topic in a concise and accurate manner. Chapter I deals with basic general problems, such as the notion and bases of and the deci-sions on the ICJ jurisdiction. Chapter II presents the question of ICJ compulsory jurisdiction based on treaty provisions. The central issue, ie the ICJ compulsory jurisdiction based on the optional clause, is dealt with in Chapter III. After presenting specific questions, such as the essence of the declarations accepting the optional clause, the principle of reciprocity, reservations, and formal conditions, the author concentrates in this chapter on the characteristics of the legal system created on the basis of the optional clause.

Non-appearance before the International Court of Justice (Cambridge Studies in International and Comparative Law)

H. W. A. Thirlway

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A striking feature of the proceedings in the majority of cases before the International Court of justice since 1971 has been the absence from the courtroom of the state against which the proceedings have been brought. The various recent cases in which the possibility of 'non-appearance' has been resorted to by respondent states have given rise to a number of delicate problems of procedural law: and the phenomenon itself has caused disquiet. In this book, the first general study of the question to appear for over twenty years, the phenomenon is studied in the light of the statute and of the fundamental concepts and principles of international judicial procedure. The author, as an official of the court for over fifteen years, is particularly well qualified to expound a question of procedural law which, although apparently small in compass, is far-reaching in its implications for the future of international judicial settlement.