TEXT OF REPORT

Date: January 19, 2020

Reporter: Team 7
Topic: Globalizing Justice
Objectives:
-To share to the whole class about the Globalizing Justice
-To know things about the International Criminal Court and its four major crimes.
-To know the political consequences of the Globalizing Justice whether it is more justice, more
brutal or a longer lasting Dictators
-To be more knowledgeable about our modern world

Introduction:
"The moral arc of the universe is long, but it bends towards justice.", as stated by the great minister
and activist, Martin Luther King Jr. Assessing the impact of globalization interrelated with justice
systems across the world is beginning to be appreciated fully. Millions of people in the developing
countries in the world suffer from extreme global issues like poverty, illness, and unemployment.
But it is grounded as our responsibility, in quite general, our requirement and duty to reduce
suffering. An awareness of the award of justice is certainly more appreciable and more humanly
delivered in the developed and developing countries. By the enlightened movements that prod the
lawmakers in enacting better laws, justice in successful democracies is backed. Defining a socially
just world as one that supported the full and mutual development of the potential capacities of every
individual is made capable by determining the real meaning of globalization.

Discussion:

Globalizing Justice
Globalizing justice is a far-reaching and multifaceted phenomenon whose effects on law are just
beginning to be appreciated fully. The contributors utilize a variety of approaches, historical,
comparative, normative, and empirical. In the purpose of exposing the extensive effects of
globalization in areas such as human rights, universal criminal discrimination, citizenship and
national sovereignty. Globalization is not just related to economic issues, it creates an expansion of
the human mind. Globalization brings us close to what goes on in other countries, and it is no
denying the fact that globalization has a great impact on the delivery of justice. Similarly, if we agree
that a minimum precondition for any notion of social justice is the extension of people’s democratic
ability to shape their lives, that too might reinforce skepticism about globalization’s compatibility
with social justice. Especially if we see globalization as being largely about establishing global rules
that act as a constitution for investor rights, and which are beyond any parliamentary challenges. Part
of the confusion lies in ambiguities about what we mean by globalization and how we think about
social justice. But it is more than that: it is also that our sense of social justice is affected by what we
believe is possible. Social justice is made compatible with globalization, not by transforming society,
but by shrinking our ideals. Social justice demands reviving the determination to dream. Its not just
that dreaming is essential for maintaining any resistance, but because today, if we do not think big—
as big as the globalizers themselves think—we will not even win small.

INTERNATION CRIMINAL COURT

The International Criminal Court (ICC) brings individuals to trial who commit large-scale political
crimes – genocide, war crimes and crimes against humanity. Building on the UN's special tribunals
and on new legal precedents of universal jurisdiction, the ICC takes an important step towards global
accountability for all, including political and military leaders.
Since its establishment in 2002, the Court has made good strides forward in fighting impunity and
holding the perpetrators of the most serious crimes accountable. The Court, however, faces many
difficult challenges, particularly in relation to the cooperation of states and its independence. The
US, for instance, is still not a member of the ICC and the Court has faced fierce US opposition. 
The former Bush administration refused to cooperate with the Court and consistently hindered its
work. The Obama administration has so far made greater efforts to engage with the Court. The
Obama approach remains cautious, however, due to its concerns over possible charges against
American troops and diplomats. The Court has also been criticized by international observers and
African leaders for applying double standards. They argue that it places undue focus on the African
continent while neglecting human rights violations in western countries. To date, formal ICC
investigations have only been opened into the situations of African countries.
The International Criminal Court (ICC) is a court of last resort for the prosecution of serious
international crimes, including genocide, war crimes, and crimes against humanity. Its treaty, the
Rome Statute, was adopted in July 1998. The court began work in 2003, following ad hoc tribunals
set up in the 1990s to deal with atrocity crimes committed in the former Yugoslavia and Rwanda. 20
years after the Rome Statute, the ICC has made significant headway in bringing global attention to
accountability. But it has faced setbacks, and as human rights crises marked by international crimes
continue to proliferate, its mandate has proven to be both more needed and more daunting than its
founders envisioned. To be effective, the court and its member countries will need to rise to the
challenge. 
How the Court works
The crimes
The Court's founding treaty, called the Rome Statute, grants the ICC jurisdiction over four main
crimes.
First, the crime of genocide is characterised by the specific intent to destroy in whole or in part a
national, ethnic, racial or religious group by killing its members or by other means: causing serious
bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or in part; imposing measures intended to
prevent births within the group; or forcibly transferring children of the group to another group.

Second, the ICC can prosecute crimes against humanity, which are serious violations committed as
part of a large-scale attack against any civilian population. The 15 forms of crimes against humanity
listed in the Rome Statute include offences such as murder, rape, imprisonment, enforced
disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid
and deportation.

Third, war crimes which are grave breaches of the Geneva conventions in the context of armed
conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as
civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or
buildings dedicated to religion, education, art, science or charitable purposes.

Finally, the fourth crime falling within the ICC's jurisdiction is the crime of aggression. It is the use
of armed force by a State against the sovereignty, integrity or independence of another State. The
definition of this crime was adopted through amending the Rome Statute at the first Review
Conference of the Statute in Kampala, Uganda, in 2010.
On 15 December 2017, the Assembly of States Parties adopted by consensus a resolution on the
activation of the jurisdiction of the Court over the crime of aggression as of 17 July 2018.
See The Rome Statute and Elements of Crimes

Legal process
As an international court, the ICC's legal process may function differently from that in your national
jurisdiction. Below are a few highlights giving key information on the legal process.  
Example investigation and case from start to finish
After crimes occur
Preliminary examinations
Investigations
Pre-Trial stage
Trial stage
Appeals stage
Enforcement of sentence
Jurisdiction
The Court may exercise jurisdiction in a situation where genocide, crimes against humanity or war
crimes were committed on or after 1 July 2002 and:
the crimes were committed by a State Party national, or in the territory of a State Party, or in a State
that has accepted the jurisdiction of the Court; or
the crimes were referred to the ICC Prosecutor by the United Nations Security Council (UNSC)
pursuant to a resolution adopted under chapter VII of the UN charter.
As of 17 July 2018, a situation in which an act of aggression would appear to have occurred could be
referred to the Court by the Security Council, acting under Chapter VII of the United Nations
Charter, irrespective as to whether it involves States Parties or non-States Parties.
In the absence of a UNSC referral of an act of aggression, the Prosecutor may initiate an
investigation on her own initiative or upon request from a State Party. The Prosecutor shall first
ascertain whether the Security Council has made a determination of an act of aggression committed
by the State concerned. Where no such determination has been made within six months after the date
of notification to the UNSC by the Prosecutor of the situation, the Prosecutor may nonetheless
proceed with the investigation, provided that the Pre-Trial Division has authorized the
commencement of the investigation. Also, under these circumstances, the Court shall not exercise its
jurisdiction regarding a crime of aggression when committed by a national or on the territory of a
State Party that has not ratified or accepted these amendments.
Complementarity
The ICC is intended to complement, not to replace, national criminal systems; it prosecutes cases
only when States do not are unwilling or unable to do so genuinely.
Cooperation
As a judicial institution, the ICC does not have its own police force or enforcement body; thus, it
relies on cooperation with countries worldwide for support, particularly for making arrests,
transferring arrested persons to the ICC detention centre in The Hague, freezing suspects’ assets, and
enforcing sentences.
While not a United Nations organization, the Court has a cooperation agreement with the United
Nations. When a situation is not within the Court’s jurisdiction, the United Nations Security Council
can refer the situation to the ICC granting it jurisdiction. This has been done in the situations in
Darfur (Sudan) and Libya.
The ICC actively works to build understanding and cooperation in all regions, for example, through
seminars and conferences worldwide. The Court cooperates with both States Parties and non-States
Parties.
ICC President Judge Chile Eboe-Osuji meets with UN Secretary-General António Guterres, New
York © UN Photo
The Court works in particularly close cooperation with its host state, the Netherlands, regarding
practical matters such as constructing the Court’s new permanent buildings, transferring suspects to
the ICC Detention Centre, facilitating their appearances before the Court, and many other matters.
Countries and other entities, including civil society groups such as NGOs, also cooperate with the
Court in numerous ways, such as raising awareness of and building support for the Court and its
mandate. The Court seeks to increase this ongoing cooperation through such means as seminars and
conferences.

Ten key facts about the legal process

Further to the Key Features listed above, here are some of the basics you may want to know:
The ICC does not prosecute those under the age of 18 when a crime was committed.
Before the Prosecutor can investigate, she must conduct a preliminary examination considering such
matters as sufficient evidence, jurisdiction, gravity, complementarity, and the interests of justice.
When investigating, the Prosecutor must collect and disclose both incriminating and exonerating
evidence.
The defendant is considered innocent until proven guilty. The burden of proof lies with the
Prosecutor.
During all stages of proceedings (Pre-Trial, Trial and Appeals), the defendant has the right to
information in a language he or she fully understands, thus the ICC proceedings are conducted in
multiple languages, with teams of interpreters and translators at work.
Pre-Trial judges issue warrants of arrest and ensure there is enough evidence before a case can go to
trial.
Before a case is committed to trial (during the Pre-Trial phase), the defendant is referred to as a
suspect. Once the case is committed to trial, since at that point the charges have been confirmed, the
defendant is referred to as the accused.
Trial judges hear the evidence from the Prosecutor, Defence, and the Victims’ lawyers, render a
verdict, and if a person is found guilty, the sentence and decision on reparations.
Appeals judges render decisions on appeals from the Prosecutor or Defence.
If a case is closed without a verdict of guilt, it can be reopened if the Prosecutor presents new
evidence.
How we are organized
The Rome Statute established three separate bodies: The Assembly of States Parties, the
International Criminal Court, which comprises four separate organs, and the Trust Fund for Victims.
The Rome Statute System
  

The Assembly of States Parties

Representatives of States Parties meet and provide management oversight for the Court, including
electing judges and the Prosecutor and approving the ICC’s budget
  

Four organs of the ICC

Presidency
Conducts external relations with States, coordinates judicial matters such as assigning judges,
situations and cases to divisions, and oversees the Registry's administrative work
Judicial Divisions
18 judges in 3 divisions – Pre-Trial, Trial and Appeals – conduct judicial proceedings
OTP
Conducts preliminary examinations, investigations, and prosecutions
Registry
Conducts non-judicial activities, such as security, interpretation, outreach, support to Defence and
victims' lawyers, and more
  

Trust Fund for Victims

Provides assistance, support and reparations to victims
States Parties to the Rome Statute
States Parties support the Court, accept the ICC's jurisdiction, and also work to incorporate the rules
stipulated in the Rome Statute into their own judicial systems. Thus, each country that becomes a
State Party brings the world closer to an ICC universal protection under the Rome Statute system. 
States Parties to the Rome Statute gather at least once a year at sessions of the Assembly of States
Parties, to provide the management oversight for the Court, for example, by establishing the budget,
providing funding and also electing the Court's judges and Prosecutor.
Although the Court's expenses are funded primarily by States Parties, it can also receive voluntary
contributions from governments, international organisations, individuals, corporations and other
entities.
While States Parties to the Rome Statute have an obligation to cooperate with the Court, countries
that are not yet States Parties may also provide ad hoc voluntary cooperation.
 
 
"I reiterate the importance of redoubling our efforts to ensure the continued expansion of the family
of States that cooperate to fight against impunity and to protect the victims of genocide, crimes
against humanity, war crimes and the crime of aggression".
- President of the Assembly of States Parties to the Rome Statute
Sidiki Kaba
 
Trust Fund for Victims
Though the Trust Fund for Victims is separate from the Court, it was created in 2004 by the
Assembly of States Parties, in accordance with article 79 of the Rome Statute. The Fund's mission is
to support and implement programmes that address harms resulting from genocide, crimes of
humanity and war crimes. To achieve this mission, the TFV has a two-fold mandate: (i) to implement
Court-Ordered reparations and (ii) to provide physical, psychological, and material support to
victims and their families. By assisting victims to return to a dignified and contributory life within
their communities, the TFV contributes to realizing sustainable and long-lasting peace by promoting
restorative justice and reconciliation.
Where we operate
Seat of the Court in The Hague, the Netherlands
The ICC's permanent premises, located at Oude Waalsdorperweg 10 2597 AK, The Hague
The Netherlands.
Close to the North Sea, the new buildings are in an area between nature and city, set in the rolling
dune landscape on the edge of The Hague. The compact, sculptural arrangement of six buildings
includes a central tower, which houses the ICC Courtrooms. The new location is closer to the ICC
detention centre and is in the International Zone of the City of The Hague.
Find out more about the construction project
The new premises are funded by the States Parties to the Rome Statute. The host state (the
Netherlands) made the site available free of charge and organised and financed the architectural
design competition, which started at the end of 2008. It has also provided loans for some States
Parties to participate in finding the project.
In 2010 the Danish firm schmidt hammer lassen was selected to design the new premises, as its
design met all the ICC's criteria, including design quality, sustainability, functionality and cost. In
October 2012 the tendering procedure for the general contractor was completed and the combination
Visser & Smit Bouw and Boele & van Eesteren ("Courtys") was selected to realize the ICC
permanent premises.
Field offices
The ICC has offices in several of the countries in which investigations are being conducted, though
not currently in Darfur, Georgia or Mali.
Those wishing to cooperate with the Court at these local offices, participate in proceedings, assist in
Outreach activities, or otherwise engage with the Court in the field are welcome to contact the
offices.
Liaison office in New York
The ICC has a liaison office to the United Nations in New York, USA, which is primarily
responsible for coordinating ICC-related events or activities at the UN headquarters. Diplomats and
others involved in these events are welcome to contact this office.   
ICC's Liaison Office to the United Nations
Head of the Office, Ms Karen Mosoti
866 United Nations Plaza, Suite 476
New York NY 10017
Tel: 1 212 486 1346/47/62
Fax: 1 212 486 1361
liaisonofficeny@icc-cpi.int

 
Judicial Recess and Official Holidays of the Court
 
Spring 2020
from Thursday 9 April 2020 (17:30) 
until Monday 20 April 2020 (09:00)
Summer 2020
from Friday 17 July 2020 (17:30) 
until Monday 10 August 2020 (09:00)
Winter 2020/2021
from Friday 18 December 2020 (17:30) 
until Monday 4 January 2021 (09:00)

1 January - New Year's Day

10 April - Good Friday
13 April - Easter Monday
27 April - King's Day
21 May - Ascension Day
25 May - Eid al-Fitr Day
31 July - Eid al-Adha Day
28 September - Yom Kippur Day
25 December - Christmas Day
28 December - Boxing Day

Detention centre
The ICC detention centre is used to hold in safe, secure and humane custody those detained by the
ICC. It is not used for enforcing sentences; convicted persons serve sentences in one of the States
Parties which have concluded agreements on enforcement of sentences with the ICC and have
accepted to place a particular convicted person or persons within a national facility. Until such an
arrangement is made, a convicted person remains temporarily in the detention centre.
The Court endeavours to ensure the mental, physical and spiritual welfare of those in the Detention
Centre; detainees have access to fresh air, recreational time, sports activities, library books, news,
computers (for preparing their cases), quality food and facilities for cooking. Detainees are entitled to
privacy with defence lawyers, to privileged communication with a consular or diplomatic
representative, to visits a minister or spiritual advisor, and to visits with family, including a spouse or
partner.
The International Committee of the Red Cross (ICRC) is the Detention Centre's inspecting authority
and as such has unrestricted access and examine, on unannounced visits, the treatment of the
detained persons, their living conditions and their physical and psychological conditions, in
conformity with widely accepted international standards governing the treatment of persons deprived
of liberty.
No visits to the detention centre are granted to the media or general public.

Victims of enforced disappearance are people who have literally disappeared; from their loved ones
and their community. They go missing when state officials (or someone acting with state consent)
grabs them from the street or from their homes and then deny it, or refuse to say where they are.
Sometimes disappearances may be committed by armed non-state actors, like armed opposition
groups. And it is always a crime under international law.
These people are often never released and their fate remains unknown. Victims are frequently
tortured and many are killed, or live in constant fear of being killed. They know their families have
no idea where they are and that there is little chance anyone is coming to help them. Even if they
escape death and are eventually released, the physical and psychological scars stay with them.
The Problem
Tool of terror
Enforced disappearance is frequently used as a strategy to spread terror within society. The feeling of
insecurity and fear it generates is not limited to the close relatives of the disappeared, but also affects
communities and society as a whole.
A global issue
Once largely used by military dictatorships, disappearances now happen in every region in the world
and in a wide range of contexts. They are commonly carried out in internal conflicts, particularly by
governments trying to repress political opponents or by armed opposition groups.
Who is at risk?
Human rights defenders, relatives of those already disappeared, key witnesses and lawyers seem to
be particular targets.
Agony and danger for families
Family and friends of people who have disappeared experience slow mental anguish. Not knowing
whether their son or daughter, mother or father is still alive. Not knowing where he or she is being
held, or how they are being treated. Searching for the truth may put the whole family in great danger.
Not knowing if their loved one will ever return often leaves their relatives living in limbo.
Men most targeted, women lead the struggle
Globally, the vast majority of victims of enforced disappearance are men. However, it is women who
most often lead the struggle to find out what happened in the minutes, days and years since the
disappearance – putting themselves at risk of intimidation, persecution and violence.
On top of this, the disappeared person is often the family’s main breadwinner, the only one able to
cultivate the crops or run the family business. This is then made even worse by some national laws
that don’t let you draw a pension or receive other support without a death certificate.
Arbitrary detention
Many victims of enforced disappearance have been arbitrarily arrested or detained – in other words,
arrested or detained without a warrant of arrest.
Torture
A disappeared person is also at a high risk of torture since they are placed completely outside the
protection of the law. A victim’s lack of access to legal remedies puts them in a terrifying situation
of complete defencelessness. Victims of enforced disappearance are also at heightened risk of other
human rights violations, such as sexual violence or even murder.
Disappearances Convention
The International Convention for the Protection of All Persons from Enforced Disappearance came
into effect in 2010. It aims to prevent enforced disappearances, uncover the truth when they do
happen and make sure survivors and victims’ families receive justice, truth and reparation.
The Convention is one of strongest human rights treaties ever adopted by the UN. Unlike other
crimes under international law, such as torture, enforced disappearances were not prohibited by a
universal legally binding instrument before the Convention came into force in 2010.
The Convention provides a definition of the crime of enforced disappearance and outlines necessary
state action in order to both prevent the occurrence of the crime and to allow for the investigation and
prosecution of those who perpetrate it.
Implementation of the Convention is monitored by the Committee on Enforced Disappearances
(CED). At the time of ratifying or acceding to the Convention, or even later, a state may declare that
it recognizes the competence of CED to receive and consider communications from or on behalf of
victims or other states parties. The CED also provides authoritative interpretations of the
Convention.
A legal definition of torture
The legal definition of torture in human rights law differs quite significantly from the way the term is
commonly used in the media or in general conversation.
Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment is the internationally agreed legal definition of torture:
"Torture means any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third person, or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation
of or with the consent or acquiescence of a public official or other person acting in an official
capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful
sanctions."
This definition contains three cumulative elements:
the intentional infliction of severe mental or physical suffering
by a public official, who is directly or indirectly involved
for a specific purpose.
Other international and regional treaties, as well as national laws, can contain broader definitions of
torture, covering a wider range of situations.
APT and CEIJIL’s Torture in International Law - Jurisprudence Guide has detailed information on
the definitions of torture in other international and regional instruments and in the jurisprudence of
international criminal courts.
Gender-sensitive interpretation
International torture prevention mechanisms stress the importance of a gender-sensitive
interpretation of torture and the need to pay particular attention to issues such as rape in detention,
violence against pregnant women and denial of reproductive rights, which have long been recognised
as falling under the Convention’s definition.
Lawful sanctions
The definition of torture in the Convention explicitly excludes “pain or suffering arising only from,
inherent or incidental to lawful sanctions”. The lawfulness of a sanction should be determined by
reference to both national and international standards.
The issue of corporal punishment has been raised by some States under the “lawful sanctions”
clause. However, it has been firmly established that corporal punishments are prohibited under
international law, in general, and the Convention against Torture in particular.
Definition of the crime of aggression
The crime of aggression is defined in art. 8bis in the Rome Statute of the ICC adopted at the 2010
Review Conference in Kampala. In essence, three elements are required:
First, the perpetrator must be a political or military leader, i.e. a “person in a position effectively to
exercise control over or to direct the political or military action of a State”.
Second, the Court must prove that the perpetrator was involved in the planning, preparation,
initiation or execution of such a State act of aggression.
Third, such a State act must amount to an act of aggression in accordance with the definition
contained in General Assembly Resolution 3314, and it must, by its character, gravity and scale,
constitute a manifest violation of the UN Charter. This implies that only the most serious forms of
illegal use of force between States can be subject to the Court’s jurisdiction. Cases of lawful
individual or collective self-defence, as well as action authorized by the Security Council are thus
clearly excluded.
For more analysis of the definition, please consult our Handbook. Article 8 bis reads as follows:
Article 8 bis
Crime of aggression
1. For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation
or execution, by a person in a position effectively to exercise control over or to direct the political or
military action of a State, of an act of aggression which, by its character, gravity and scale,
constitutes a manifest violation of the Charter of the United Nations.
2. For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State
against the sovereignty, territorial integrity or political independence of another State, or in any other
manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of
a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314
(XXIX) of 14 December 1974, qualify as an act of aggression:
(a) The invasion or attack by the armed forces of a State of the territory of another State, or any
military occupation, however temporary, resulting from such invasion or attack, or any annexation
by the use of force of the territory of another State or part thereof;
(b) Bombardment by the armed forces of a State against the territory of another State or the use of
any weapons by a State against the territory of another State;
(c) The blockade of the ports or coasts of a State by the armed forces of another State;
(d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of
another State;
(e) The use of armed forces of one State which are within the territory of another State with the
agreement of the receiving State, in contravention of the conditions provided for in the agreement or
any extension of their presence in such territory beyond the termination of the agreement;
(f) The action of a State in allowing its territory, which it has placed at the disposal of another State,
to be used by that other State for perpetrating an act of aggression against a third State;
(g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which
carry out acts of armed force against another State of such gravity as to amount to the acts listed
above, or its substantial involvement therein.
Human Rights Watch considers international justice—accountability for genocide, war crimes, and
crimes against humanity—to be an essential element of building respect for human rights. The
International Justice Program works to shape investigations, bring about arrest and cooperation, and
advocate for effective justice mechanisms. We actively engage with the work of the International
Criminal Court and other international tribunals as well as the efforts of national courts, including
in Guinea, Côte d’Ivoire, Democratic Republic of Congo, and Bosnia, to bring perpetrators of the
worst crimes to justice. Human Rights Watch also supports the efforts of national courts to use their
domestic laws to try those charged with serious crimes in violation of international law, regardless of
where the crimes occurred.
The court’s founding treaty, the Rome Statute, grants the ICC jurisdiction over four main crimes:

Genocide- is characterized by the specific intent to destroy in whole or in part a national, ethnic,
racial or religious group. It is committed by a certain group of criminals with the intent to destroy the
very existence of the group by killing its members or by other means such as
- Causing serious bodily or mental hart to members of the group
- Deliberately inflicting on the group conditions of life calculated to bring about physical destruction
in whole or in part
-Imposing measures intended to prevent births within the group
-Forcibly transferring children of the group to another group.
Crimes against Humanity- are serious violations committed as part of a large-scale attack against any
civilian population.
This crime includes:
Murder- The crime of deliberately killing
Rape- an unlawful sexual activity and usually sexual intercourse carried out forcibly.
Imprisonment
Enforced Disappearances- victims of this are people who have literally disappeared from their love
ones and their community. It is frequently used to spread terror within a society.
Enslavement (particularly of women and children)- To control someone by keeping the persons in a
bad or difficult situation where the person is not free.
Sexual slavery- is particular form of enslavement which includes limitations on one’s autonomy,
freedom of movement and power to decide matters relating to one’s sexual activity.
Torture- it is an act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes.
Apartheid- A policy or a system of discrimination on grounds of race
Deportation- The action of deporting or removing a foreigner from a country.
War Crimes- are grave breaches of the Geneva conventions in the context of armed conflict and
include , for instance, the use of child soldiers; the killing or torture of persons such as civilians or
prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings
dedicated to religion, education, art, science or charitable purposes.

Most war crimes are punishable in two ways:

-Death
-Long term imprisonment
In order to be given one of these sentences, any instance of a war crimes must be taken to the
International Criminal Court (ICC).

Crime of Aggression- is the use of armed force by a State against the sovereignty, integrity or
independence of another State. This means the planning, preparation, initiation or execution, by a
person in a position using military force that violates the Charter of the United Nations. This includes
invasion, military occupation, annexation by the use of force, bombardment and military blockade of
ports.

International Justice
Human Rights Watch considers international justice—accountability for genocide, war crimes, and
crimes against humanity—to be an essential element of building respect for human rights. The
International Justice Program works to shape investigations, bring about arrest and cooperation, and
advocate for effective justice mechanisms.
Human Rights Watch also supports the efforts of national courts to use their domestic laws to try
those charged with serious crimes in violation of international law, regardless of where the crimes
occurred.

TRIBUNAL – are specialist judicial bodies which decide disputes in a particular area of law. Most
tribunal jurisdictions are part of a structure created by the Courts and Enforcements Act 2007.

International Criminal Tribunal for the Former Yugoslavia (ICTY)

Formal name: International Criminal Tribunal for the Prosecution of Persons Responsible for Serious
Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia
since 1991.
Established by Security Council resolution 827 (1993) of 25 May 1993
Located in The Hague, The Netherlands

International Criminal Tribunal for Rwanda (ICTR)

Formal name: International Criminal Tribunal for the Prosecution of Persons Responsible for
Genocide and Other Serious Violations of International Humanitarian Law Committed in the
Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations
Committed in the Territory of Neighbouring States between 1 January and 31 December 1994.

Established by Security Council resolution 955 (1994) of 8 November 1994

Located in Arusha, United Republic of Tanzania
Closed on 31 December 2015

International Residual Mechanism for Criminal Tribunals (UNMICT)

The ICTR completed its work on 31 December 2015 and the work of the ICTY will soon be
completed, however some tasks, including archiving of the case materials, will be carried out by a
new body, the International Residual Mechanism for Criminal Tribunals. This body calls itself the
UN Mechanism for International Criminal Tribunals (UNMICT).
Established by Security Council resolution 1966 (2010)
Located in Arusha and The Hague

Courts and Tribunals

There are a wide variety of international courts and tribunals that have varying degrees of relation to
the UN.  
These range from the ICJ, which is a principal organ of the organization; to the ad hoc criminal
tribunals established by the Security Council; to the ICC and ITLOS, which were established by
conventions drafted within the UN but which are now independent entities with special cooperation
agreements. Other international courts may be completely independent of the UN.
International Court of Justice
The International Court of Justice is the principal judicial organ of the UN. 
The Court’s role is to:
settle, in accordance with international law, legal disputes submitted by States
give advisory opinions on legal questions referred to it by authorized UN organs and specialized
agencies.
UN Documentation Research Guide: International Court of Justice
International Criminal Court
The International Criminal Court (ICC) is an independent judicial body with jurisdiction over
persons charged with genocide, crimes against humanity and war crimes.  
International Criminal Court website
Located in The Hague, The Netherlands
Governed by the Rome Statute (A/CONF.183/9)
adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an
International Criminal Court on 17 July 1998
entered into force on 1 July 2002
current status available in UN Treaty Collection
The ICC is not part of the UN
The Court was established by the Rome Statute. This treaty was negotiated within the UN; however,
it created an independent judicial body distinct from the UN.
The Rome Statute was the outcome of a long process of consideration of the question of international
criminal law within the UN.
See the ILC's Analytical Guide, International Criminal Law section, for a introduction to some of the
UN's work on this topic.
The UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International
Criminal Court adopted the Statute.
Relationship with the UN
Article 2 of the Statute provides for the ICC's relationship with the UN.
The UN-ICC Relationship Agreement governs the cooperation between the two organizations
General Assembly resolution 58/318 approved the Relationship Agreement between the UN and the
ICC, found in document A/58/874 + Add.1.
The ICC reports to the General Assembly annually
example: A/71/342
The UN Security Council can refer certain situations to the Prosecutor of the ICC, in accordance
with Article 13(b) of the Rome Statute and Chapter VII of the UN Charter
Ad hoc Criminal Tribunals
The UN has been involved with several tribunals established to bring justice to victims of
international crimes. The Security Council established two ad hoc criminal tribunals, the ICTY and
the ICTR. The UN has also been involved in various ways with the Special Court for Sierra Leone
(SCSL), the Extraordinary Chambers in the Courts of Cambodia (ECCC), and others. Though the
UN continues to be actively engaged in transitional justice and rule of law matters, the ICC is
mandated to be a permanent international criminal court, fulfilling the role of these ad hoc criminal
tribunals. There are many secondary sources of information that can support research on various
aspects of the work of the tribunals.
International Criminal Tribunal for the Former Yugoslavia (ICTY)
Formal name: International Criminal Tribunal for the Prosecution of Persons Responsible for Serious
Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia
since 1991.
International Criminal Tribunal for the Former Yugoslavia website
Established by Security Council resolution 827 (1993) of 25 May 1993
Located in The Hague, The Netherlands
Basic Documents
The Documents portion of the ICTY website contains links to all basic documents as well as
judgements
Statute of the Tribunal
Original version annexed to document S/25704 + Corr.1
Amended by various Security Council resolutions over the years
Current version of the Statute, as well as previous versions, is posted on the Tribunal's website
Rules of Procedure and Evidence
Reports and Publications
Annual Reports to General Assembly and Security Council 
The Yearbook provides information about the work, members (with biographies), jurisdiction,
organization, functioning and activities of the Tribunal in a given year
Includes a bibliography of publications relating to the Tribunal released during the reporting period
The Judicial Reports reprint all public indictments as well as the decisions and judgements 
International Criminal Tribunal for Rwanda (ICTR)
Formal name: International Criminal Tribunal for the Prosecution of Persons Responsible for
Genocide and Other Serious Violations of International Humanitarian Law Committed in the
Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations
Committed in the Territory of Neighbouring States between 1 January and 31 December 1994.
International Criminal Tribunal for Rwanda legacy website
Established by Security Council resolution 955 (1994) of 8 November 1994
Located in Arusha, United Republic of Tanzania
Closed on 31 December 2015
Basic Documents
Statute
Current version available from the UN Mechanism for International Criminal Tribunals website
Original annexed to Security Council resolution 955 (1994)
Amended by several subsequent Security Council resolutions
Rules of Procedure and Evidence
Reports and Publications
Annual reports to General Assembly and Security Council (list of symbols)
Detailed information about cases is available on the UN Mechanism for International Criminal
Tribunals website
International Residual Mechanism for Criminal Tribunals (UNMICT)
The ICTR completed its work on 31 December 2015 and the work of the ICTY will soon be
completed, however some tasks, including archiving of the case materials, will be carried out by a
new body, the International Residual Mechanism for Criminal Tribunals.  This body calls itself the
UN Mechanism for International Criminal Tribunals (UNMICT).
UN Mechanism for International Criminal Tribunals website
Established by Security Council resolution 1966 (2010)
Located in Arusha and The Hague
Reports to the Security Council (list of symbols)
Because this is a new body, and the Tribunals are still completing their work, it is not yet clear how
much of the ICTY and ICTR website functions will be carried out by the Residual Mechanism.
UN Administration of Justice
The UN has an internal justice system to resolve staff-management disputes because the
organization has immunity from local jurisdiction and cannot be sued in a national court.
The UN Administrative Tribunal functioned from 1950-2009. It was replaced in 2009 by the new
system, composed of two tribunals: the UN Dispute Tribunal and the UN Appeals Tribunal.
The General Assembly adopted the new system of administration of justice in resolution 63/253 of
24 December 2008.
Current System (2009-)
Function
The UN Dispute Tribunal and the UN Appeals Tribunal handle internal disputes and disciplinary
matters in the UN.
The UN Dispute Tribunal (UNDT) is the body to which staff members can formally dispute an
administrative decision taken against them. When resolution through informal means cannot be
arrived at, and when the result of the management evaluation is not to the satisfaction of the staff
member, an application can be made to the UN Dispute Tribunal, as a court of first instance.
The UN Appeals Tribunal reviews appeals against decisions made by the UN Dispute Tribunal. Both
staff and the administration can appeal UNDT decisions to the Appeals Tribunal.
Basic Legal Texts
The Statutes of both tribunals are annexed to General Assembly resolution 63/253.
The Rules of Procedure for both tribunals are found in General Assembly resolution 64/119 of 16
December 2009. 
Judgements & Court Orders
The text of judgements and orders of both tribunals are available on their websites.
Selected decisions are also reproduced in Chapter V of the UN Juridical Yearbook.
The judgements of both bodies may be produced in any of the official UN languages, though the
working languages of the Appeals Tribunal are specified as English and French. 
Judgements of the UNDT are identified by the year of the judgement, the judgement number and the
individual party's name.
The number assigned to judgements begins with one (001) each year, and counts judgements from all
three registries.
Example: UNDT/2011/031 (CHIJARIRA) was the 31st judgement rendered by the UNDT across all
three registries in 2011.
Each order of the UNDT is also identified by the name of the applicant and an order number.
However, unlike judgements, the sequential numbering of orders is separate for each of the three
locations that the UNDT operates in: New York, Geneva and Nairobi.
Example: 47 (NY/2011) SIMMONS was the 47th order delivered in New York
Example: 145 (NBI/2010) AMEER was the 145th order delivered in Nairobi
Not all orders are published: there are gaps in the numbers of the orders listed on the website
Judgements of the UN Appeals Tribunal are identified by the year of the judgement, the judgement
number and the individual party's name;
Example: 2010-UNAT-001 (Campos) was the first judgement rendered by the UNAT in 2010
The party name identified in the citation can be that of either the appellant or the respondent
Orders of the UN Appeals Tribunal include the order number and the year or party name.
Like other documents produced by the UN, judgements of both bodies can include the suffix -/Corr.
This indicates that there has been a correction made to the original judgement.
UN Administrative Tribunal (1950-2009)
The United Nations Administrative Tribunal was established by General Assembly resolution 351 A
(IV) of 24 November 1949; the annexed Statute defined the mandate of the Tribunal.
The Statute was amended by the General Assembly at various times; the final text is contained in
AT/11/Rev.6 (Sales number: 03.X.1)
General Assembly resolution 63/253 abolished the UN Administrative Tribunal
The Statute, Rules and Judgements of the UN Administrative Tribunal are available on the website.
The decisions of the UN Administrative Tribunal, whose numbers do not coincide with the case
numbers, were first issued as separate documents under the series symbol AT/DEC/- and later
cumulated
The cumulations also include a subject index to the judgements during the period in question and
give the composition of the Tribunal for the same timeframe
Selected decisions were republished in Chapter V of the UN Juridical Yearbook
International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea is an independent judicial body to adjudicate
disputes arising out of the interpretation and application of the UN Convention on the Law of the
Sea.
International Tribunal for the Law of the Sea (ITLOS) website
Established by the United Nations Convention on the Law of the Sea of 10 December 1982, which
entered into force on 16 November 1994
Located in Hamburg, Germany
The website has current information about:
Basic Texts, including the Statute and Rules
Cases in both its Contentious and Advisory jurisdictions
Publications of ITLOS
REFERENCES
Jon Mandle (2000). Globalization and Justice. Retrieved From:
https://www.jstor.org/stable/1049245?seq=1
Jackson D., Tolley M., And Volcansek M. (2010). Globalizing Justice. Retrieved From:
https://www.sunypress.edu/p-4886-globalizing-justice.aspx?
fbclid=IwAR0VzBUnJlKry6tPAoiI4ZDseZ4LzC8SAHGz9lfnCQ7sYnIhgExZ4KK6v4I

Administrator. (n.d.). The International Criminal Court. Retrieved from

https://www.globalpolicy.org/international-justice/the-international-criminal-court.html

Mudge, L., Wabwire, A., Sapin, L., & Salah, H. (n.d.). International Criminal Court. Retrieved from
https://www.hrw.org/topic/international-justice/international-criminal-court

How the Court works. (n.d.). Retrieved from https://www.icc-cpi.int/about/how-the-court-works

Genocide. (n.d.). Retrieved from https://trialinternational.org/topics-post/genocide/

Everything you need to know about enforced disappearances and human rights. (n.d.). Retrieved
from https://www.amnesty.org/en/what-we-do/disappearnaces/

A legal definition of torture. (n.d.). Retrieved from https://apt.ch/en/what-is-torture/

The Global Campaign for the Prevention of Aggression. (n.d.). Retrieved from
https://crimeofaggression.info/role-of-the-icc/definition-of-the-crime-of-aggression/
Human Rights Watch (2011). International Justice. Retrieved From:
https://www.hrw.org/topic/international-justice
Dag Hammarskjolg Library (n.d). UN Documentation: International Law. Retrieved From:
https://research.un.org/en/docs/law/courts