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This issue of "The Judges’ Journal" introduces readers to the various courts and processes related to international tribunals, courts, and arbitration venues. Feature articles explore the challenging work of ensuring that these international courts tie to the rule of law and enforce standards of conduct for judges and lawyers practicing in these courts.
Judge Pittman provides legal highlights of the International Criminal Tribunal for the former Yugoslavia and explores the procedural divergences from United States practice and the myriad unique procedural aspects of its daily courtroom practice.
Naranjo discusses the United Nation’s International Court of Justice and the Permanent Court of Arbitration (an independent body affiliated with the United Nations) and the conflicts that they resolve within this international body. He provides the fundamentals to understand and recognize the various types of disputes between member countries within the U.N. and provides examples of the disputes that the International Court of Justice has helped resolve.
International criminal tribunals and courts are important tools to ensure an end to impunity. These courts should be given close attention to make certain that the proceedings are conducted in accordance with international norms that warrant adequate representation of all parties and a fair and impartial decision body in their judiciaries.
Pearlman explores the international law of genocide and, using the example of evidence gleaned from mass graves, explains how prosecutions for that and other mass atrocities can sometimes be in tension with humanitarian goals.
Since the global financial crisis, there has been a growing number of financial market disputes, and the question of where to look for authoritative and effective answers needed by financial markets and customers has arisen. P.R.I.M.E. Finance is a specialized dispute resolution facility in The Hague that has helped improve processes and outcomes in financial market dispute settlement.
Byron considers the interpretative methodology of the European Court of Human Rights, in particular the living instrument doctrine of interpretation. She follows a line of cases about sexual orientation in which the living instrument doctrine is implicitly or explicitly used, starting with the decriminalization of homosexuality and ending with recognition of the need for same-sex civil unions.
Colonel Linda Strite Murnane, incoming chair of the ABA Judicial Division, first dreamt of working in an international environment when she visited the United Nations as a child. With a decorated military background, Colonel Murnane has combined her international knowledge gained in the service with her legal education. She is a leading expert on international courts, war crimes tribunals, human rights, and various aspects of the military justice system.
Several judicial ethics codes have been developed for international judges over the past two decades. The most recent has separate code sections for “national judges” and “international judges.”