REASONS FOR EMERGENCE AND DEVELOPMENT OF THE INTERNATIONAL JUDICIAL BODIES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
The article is devoted to analysis of international judicial bodies, focusing on international human rights and international criminal courts. During less than a century the international judicial bodies have obtained influence at international legal systems, and in a sense put in question issue of sovereignty. This article compares emergence of international human rights and criminal courts, which have different reasons, therefore the proliferation of respective courts are described. The ideological and practical differences between the regional and global international human rights courts are considered, and comparison of advantages and shortcomings of each system is made. The regional human rights courts develop in slightly different directions in Europe, Africa and the Americas. Conclusion is suggested that at current level of development, regional human rights courts are more justified than a global one. The comparison of development ways of international human right courts and criminal courts is made in the article. The latter are a valuable mechanism against the impunity. The International Criminal Court is an important institution from the standpoint of the international law, but perhaps even more important from the political view. The international community has made a huge compromise regarding the states’ sovereignty in order to create this Court. The success or failure of its authority will depend mostly on its international legal legitimacy, but also on will of the states. If it fails, then the idea of the regional criminal courts might be worth considering. This article also refers to issues of states’ compliance with the international courts decisions, which is a criterion of judicial body’s effectiveness.
Authors and Affiliations
I. B. Ivankiv
Keywords
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