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The Future of International Courts and Tribunals in The Hague

The International Court of Justice (World Court or ICJ) is a judicial branch ofthe UN. It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The Court is composed of 15 judges, who are elected for terms of office of nine years by the UN General Assembly and the Security Council. It settles legal disputes submitted by states and provides advisory opinio

ns on legal questions submitted by duly authorized international branches, agencies, and the UN General Assembly. Based on one of the case, Nicaragua versus USA (1986), the ICJ ruled in favor of Nicaragua against the US and awarded reparations to Nicaragua. The ICJ held that the U.S. had violated international law by supporting the Contras in their rebellion against the Nicaraguan government and by mining Nicaragua's harbors. The Court found in its verdict that the US was "in breach of its obligations under customary international law not to use force against another State", "not to intervene in its affairs", "not to violate its sovereignty", "not to interrupt peaceful maritime commerce", and "in breach of itsobligations under Article XIX of the Treaty of Friendship, Commerce and Navigation between the Parties signed at Managua on 21 January 1956." The Court had 16 final decisions upon which it voted. The very long judgment first listed 291 poin

ts, among them that the United States had been involved in the "unlawful use offorce." The ICJ roles especially when it comes to the use of force and in some case, like the Nicaragua v US, used the juridiction. However, the ICJ has no compulsory jurisdiction. Which means, it can only adjudicate some disputes that states have referred. As for the futur, the ICJ should be able to use jurisdiction on every disputes or matters. So many cases are still awaiting for decision, mostly the main solution to solve that awaiting will be that their will more than juste on ICJ at The Hague, which will be two or three set of 15 judges. To the question ''Given the rise of terrorism and terrorist groups, should we establish an International Terrorism tribunal? My answer is yes. Other then the peace who should be consider the main resolution to human value and on which the ICJ shouldmainly focus in the futur, I think that the question of the terrorism is also really important, whithout saying an emergency for the human protection. Internati

onal terrorism has become one of the man treats to the human security in the 21st century (November 13, 2015 in France). With the instauration of a ITT (International Terrorism tribunal), the International law will be mostly prepared to address the conflicts between the terrorist and the states. The ITT will prosecutethe criminal acts of the terrorist organization. In the international law, all the attemps to adopt acomprehensive convention on combatting international terrorism had been unsuccessful. The UN Security Council Resolutions do indicate a trend of the recognition of terrorism as a crime under international customory law(Antonio Cassese, Feb 16th 2011). It is important to step forwards and recongnize terrorism as crime to the human society and under the customary rule of international law. Article 9 : ..at the trial of any individual member of any group or organization, the Tribunal may declare that the group or orgagniztion of which

the individual was a member of was a criminal organization. Article 10 : ...in cases where a group or organization is declared criminal by the Tribunal, the competent national authority of any signatory shall have the right to bring the individual to trial before either a national, military, or occupational court. In any such case, if the group or organization is put in trial and proven guilty, the Tribunal will declare that the Gestapo, SD, SS and political leadership of the NSDAP is criminal. The UN Security Council is the main of the UN and has the responsability for the maintenance of international peace and security. Its competence is to determine violations of peace, threat to peace, acts of aggression or acts taken by states in violation of international law but don't have the competence to assess states act in compliance with the international law. As a conclusion, the legal assessment of acts committed by international terrorist organizations cannot be performes directly by the UN Security Council. International cri

minal tribunals for the former Yugoslavia and Rwanda, and a number of internationalized tribunals have been established. The International Tribunal for the Prosecution of Persons Responsible for Serious Violations ofInternational Humanitari

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an Law Committed in the Territory of the Former Yugoslavia since 1991 (ICTY) was established by Resolution 827 of the United Nations Security Council on May 25th 1993. The International Criminal Tribunal for Rwanda (ICTR) was established on November 8th 1994 by the United Nations Security Council by Resolution 955 (1994) in order to hold people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between January 1st 1994 and December 31st 1994. As a conclusion, it would

 be reasonable to open an International Tribunal for Terrorist. The Tribunal will be able to establish a resolution along with the UN Security Council pretty much similar to the existing international criminal tribunals for the former Yugoslavia and Rwanda. The International Tribunal for Terrorist will be enough competent for issues and decisions on recognizing organizations as international terrorist organizations, along with cooperating with states and the UN Security Council.

Reference: http://research.un.org/en/docs/law/courts https://en.wikipedia.org/wiki/Nicaragua_v._United_States http://www.icj-cij.org/court/index.php?p1=1 https://www.youtube.com/watch?v=i0-nk-1LOvU (Russia calls to establish tribunal for terrorists)