Text 7 international courts

Exercise 7.1 Study the vocabulary:

1) a permanent tribunal	1) постійний суд
2) to prosecute	2) обвинувачувати; вести судову справу
3) an accused person	3) звинувачувана особа
4) allege	4) твердити; посилатися на
5) to complement	5) доповнювати, укомплектовувати
6) access	6) доступ
7) to pledge	7) зобов’язуватись
8) to comply	8) виконувати доручення (рішення)
9) to cover	9) охоплювати
10) conscience	10) совість, сумління
11) to inspire	11) надихати, заохочувати
12) complainant	12) скарга, невдоволення
13) the charter	13) статут

Exercise 7.2 Read and translate the text:

The International Criminal Court was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression, although it cannot currently exercise jurisdiction over the crime of aggression.

The Court can generally exercise jurisdiction only in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. The Court is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Primary responsibility to investigate and punish crimes is therefore reserved to individual states. The official seat of the Court is in The Hague, Netherlands, but its proceedings may take place anywhere.

The International Court of Justice established by the Charter of the United Nations is principal judicial organ of the United Nations. The Court functions in accordance with the provisions of the Statute which is a part of the United Nations Charter and every member state of the United Nations therefore has automatic access to the Court. Every member is pledged to comply with the decisions of the Court in a case to which it is a party. A state which is not a member of the United Nations can refer cases to the Court on conditions determined in each case by the General Assembly upon the recommendation of the Security Council.

The jurisdiction of the Court covers all cases which the parties may refer to it, and all matters specially provided for in the Charter or in treaties and conventions in force. The Court consists of 15 judges elected by the Security Council and the General Assembly, each organ voting independently. The judges are elected on the basis of qualifications, not on the basis of their nationality. It should be said, however, that the principal legal systems of the world are represented in the Court. No two judges can be nationals of the same state.

The European Court of Human Rights was established by the European Convention for the Protection of Human rights and Fundamental Freedoms and was set up in Strasbourg in 1959. The Convention was inspired by the United Nations Universal Declaration of Human Rights and protects many essential rights such as the right to life, freedom from torture and slavery, freedom of thought, conscience and religion the right to marry and found a family, freedom of peaceable assembly and association, and the right to a fair trial.

The European Court of Human Rights is composed of twenty-one judges, one for each member state. Occasionally all judges sit on a case, but usually cases are heard by a panel of no more than seven. The hearings are oral, and the court has funds available to provide legal aid for individual complainants to be legally represented. Only states which are parties to the Convention have the rights to bring a case before the Court.

Exercise 7.3 Complete the sentences and choose the best variant:

1. Proceedings of International Criminal Court may take place …

a) anywhere

b) only in the UN Headquarters

c) in the Security Council

2. The International Court of Justice is … of the UNO

a) tax body

b) principal judicial organ

c) legislative body

3. The judges are elected on the basis of …

a) qualifications

b) education

c) ownership

4. No two judges can be nationals of …

a) member state

b) sovereign state

c) the same state

5. The European Court of Human Rights is composed of twenty-one …

a) hereditary lords

b) ministers

c) judges

Exercise 7.4 Make up word-combinations using the words from two groups:

1) essential	a) trial
2) a fair	b) legal systems
3) convention	c) aid
4) the principal	d) rights
5) legal	e) in force

Exercise 7.5 Decide whether the statements are true or false (T/F)

1. Primary responsibility to investigate and punish crimes is reserved to individual states.

2. The official seat of the Court is in Kyiv.

3. The Court functions in accordance with the provisions of the Statute.

4. A state which is not a member of the United Nations can not refer cases to the Court.

5. The Court consists of fifty judges

Exercise 7.6 Fill in the gaps and translate in a written form:

a) the accused b) was established c) humanity d) individuals e) jurisdiction

The International Criminal Court 1 … in 2002 as a permanent tribunal to prosecute 2 … for genocide, crimes against 3 … , war crimes, and the crime of aggression, although it cannot currently exercise 4 … over the crime of aggression.

The Court can generally exercise jurisdiction only in cases where 5 … is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council.