The International Court of Justice is the judicial organ of the United Nations; it settles legal disputes between states that recognise its jurisdiction; it cannot hear actions brought by individuals. It also gives advisory opinions on legal questions at the request of states or international organisations. Its seat is at The Hague (Netherlands).
The Court of Justice of the European Communities determines whether acts adopted by the institutions in Brussels comply with the European Treaties, namely the Treaty of Rome, the Single European Act, the Maastricht Treaty and - shortly - the Treaty of Amsterdam. It imposes penalties on states that fail to fulfil their obligations under Community law. Actions may be brought before the Court by the fifteen Member States of the Union, by the European institutions, or by natural or legal persons (associations or undertakings) in matters that are of direct and individual concern to them. Its seat is in Luxembourg. It also hears appeals from the Court of First Instance of the European Communities established in 1988.
The European Court of Human Rights, established under the aegis of the Council of Europe (membership in 1998: 40), monitors compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. It determines breaches of the Convention and may hear actions brought by the signatory states or by individuals. Its seat is in Strasbourg.
The Inter-American Court of Human Rights, established by the Organisation of American States (OAS) in 1979, aims to apply and interpret the American Convention on Human Rights. The Court only hears actions brought by organs of the OAS or by signatory states. It will hear an action against a state only if the state recognises its jurisdiction. Its seat is in San José (Costa Rica).
The International Criminal Tribunal for Former Yugoslavia, established in February 1993 by the United Nations Security Council, hears actions against persons accused of serious violations of international law on human rights, committed in the territory of the Former Yugoslavia since 1991. It has investigators at its disposal but has difficulty in getting its international orders for arrest executed. The Tribunal has passed sentence in two cases and has heard cases against 60 people. Its seat is at The Hague (Netherlands).
The International Criminal Tribunal for Rwanda, established in November 1994 by the United Nations Security Council to rule on crimes committed in the course of the genocide in Rwanda (spring 1994), has just delivered its first decisions. Thirty investigators are responsible for identifying and locating the alleged perpetrators. The Tribunal issues international orders for arrest, which states are required to execute. Its seat is in Arusha (Tanzania).
The International Criminal Court, whose statute was adopted in July 1998, will be responsible for ruling on crimes against humanity, war crimes and acts of genocide wherever and whenever they have been committed. It may only prosecute individuals who are nationals of a state that has accepted its jurisdiction or whose acts were committed in a signatory state. Actions may be brought before the Court by a signatory state, by the United Nations Security Council, or by the prosecutor responsible for hearing witnesses and gathering evidence. It will act only if due process of law is not available in the state concerned. As a transitional measure, states may refuse to recognise the Court’s jurisdiction to judge war crimes for a period of seven years. While 120 countries have signed the Convention, the United States, Libya, Iraq, Israel and China have refused. The International Criminal Court will become operational when 60 countries have ratified the Convention.
None of these international courts has the power to pass sentence of death.