[permalink] [id link]
The tribunal has jurisdiction over genocide, crimes against humanity and war crimes, which are defined as violations of Common Article Three and Additional Protocol II of the Geneva Conventions ( dealing with war crimes committed during internal conflicts ).
Some Related Sentences
tribunal and has
If a party is dissatisfied with the finding of such a tribunal, one generally has the power to request a trial " de novo " by a court of record.
The Supreme Court of Virginia has stated that '" This Court has repeatedly held that the effect of an appeal to circuit court is to " annul the judgment of the inferior tribunal as completely as if there had been no previous trial.
# Direct contempt is that which occurs in the presence of the presiding judge ( in facie curiae ) and may be dealt with summarily: the judge notifies the offending party that he or she has acted in a manner which disrupts the tribunal and prejudices the administration of justice.
Under the " independent tribunal " requirement, the Court has ruled that military judges in Turkish state security courts are incompatible with Article 6.
: " Previous research has argued that the innocence problem is minimal because defendants are risk-prone and willing to defend themselves before a tribunal.
Section 1 ( 4 ) has effect in relation to proceedings in the Court of Justice of the European Communities as it has effect in relation to a judicial proceeding in a tribunal of a foreign state.
The Supreme Court of Virginia said this in Santen v. Tuthill, 265 Va. 492 ( 2003 ), about the practice of an appeal from district court trial de novo to circuit court: " This Court has repeatedly held that the effect of an appeal to circuit court is to ' annul the judgment of the inferior tribunal as completely as if there had been no previous trial.
The issue must be presented to an international tribunal or arbiter ( usually specified in the treaty itself ) to legally establish that a sufficiently serious breach has in fact occurred.
" Afterwards, during a formal inquiry of the events, Polenin speaks highly of Captain Vostrikov, and rebukes the convened tribunal for the hostile interrogations of both Vostrikov, and the radiation afflicted crew, even going so far as to say: " None of you ... none of you ... has the right to judge Captain Vostrikov.
If there is a question of whether a person is a lawful combatant, he ( or she ) must be treated as a POW " until their status has been determined by a competent tribunal " ( GCIII Article 5 ).
In Canadian administrative law, whether an individual has standing to bring an application for judicial review, or an appeal from the decision of a tribunal, is governed by the language of the particular statute under which the application or the appeal is brought.
The Latin word basilica ( derived from Greek, βασιλική στοά, Royal Stoa, the tribunal chamber of a king ), has three distinct applications in modern English.
After a " competent tribunal " has determined that an individual detainee is an unlawful combatant, the " detaining power " may choose to accord the detained unlawful combatant the rights and privileges of a prisoner of war as described in the Third Geneva Convention, but is not required to do so.
If there is any doubt about whether a detained alleged combatant is a " lawful combatant " then the combatant must be held as a prisoner of war until his or her status has been determined by " a competent tribunal ".
But in all Commonwealth jurisdictions — as distinguished from its American counterpart — it has evolved into a general remedy for the correction of plain error, to bring decisions of an inferior court or tribunal or public authority before the superior court for review so that the court can determine whether to quash such decisions.
When the court, before whom the matter is pending, has ceased to exist, in that condition too, the writ of prohibition will not lie because there can be no proceedings upon which it can operate but on the other hand, if the court is functioning, the writ can be issued at any stage of the proceeding before the inferior court or tribunal.
As head of the civil service in Wales, Morgan's administration has been faced with a number of legal issues including an employment tribunal when the service dismissed blogger Christopher Glamorganshire in the Autumn of 2007, and a civil court action from Christine Davies after an accusation of sexual harassment from a senior manager was ignored.
It also specifies that when there is any doubt whether a combatant belongs to the categories in article 4, they should be treated as such until their status has been determined by a competent tribunal.
tribunal and jurisdiction
States and individuals who subscribe to this view opine that, in the case of the individual responsible for violation of international law, he " is become, like the pirate and the slave trader before him, hostis humani generis, an enemy of all mankind ", and thus subject to prosecution in a fair trial before any fundamentally just tribunal, through the exercise of universal jurisdiction.
But if the jurisdiction claimed is concurrent, or as in the case of International Criminal Tribunal for the former Yugoslavia ( ICTY ), the international tribunal is to prevail over national courts, the problems are more difficult to resolve politically.
The courts took jurisdiction over all crimes during the Late Middle Ages, and those condemned by the tribunal were done away with by secret means.
In May 2012 the tribunal again under a purported exercise of universal jurisdiction took testimony from victims of torture at Abu Ghraib and Guantanamo, and convicted in absentia former President Bush, former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, former Deputy Assistant Attorneys General John Yoo and Jay Bybee, former Attorney General Alberto Gonzales, and former counselors David Addington and William Haynes II for conspiracy to commit war crimes.
Candidates for the Forbes list were fugitives thought to be dangerous who had " a long history of committing serious crimes ", who had been indicted or charged with a crime in a national jurisdiction or by an international tribunal, and who were involved with a type of criminal activity " with which legal institutions in diverse jurisdictions are grappling ".
UN General Assembly Resolution n. 260 9 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide, was the first step towards the establishment of an international permanent criminal tribunal with jurisdiction on crimes yet to be defined in international treaties.
In the province of Tourane ( Da Nang ), a French tribunal alone exercised jurisdiction, but it administered native law where natives were concerned.
In this case, the Supreme Court upheld the jurisdiction of a U. S. military tribunal over the trial of several German saboteurs in the US.
The Asylum and Immigration Tribunal ( AIT ) was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions.
In every judicial department, well arranged and well organized, there should be a regular, progressive, gradation of jurisdiction ; and one supreme tribunal should superintend and govern all the others.
A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.
Although the conduct might have taken place before the war, it needed to be connected with another specified crime within the jurisdiction of the tribunal i. e. a " war crime " or " crime against peace ".
The 1966 Act had been interpreted by English courts as allowing the courts to exercise supervisory jurisdiction under the Arbitration Act 1996 over the Commonwealth's arbitration tribunal, which had been envisaged as the sole organ to arbitrate on matters related to the Secretariat's operations in the United Kingdom.
This tribunal has no jurisdiction in the what is known as " the external forum ," meaning cases and events which are publicly known, only matters of the " internal forum ," which involve entirely confidential and secret matters, including ( but not limited to ) what is confessed in the Sacrament of Penance.
The lowest civil court of France, the tribunal de première instance (" Court of Common Pleas "), has original jurisdiction over most civil matters except areas of specialist exclusive jurisdiction, those being mainly land estates, business and consumer matters, social security, and labor.
All criminal matters may pass summarily through the lowest criminal court, the tribunal de police, but each court has both original and limited jurisdiction over certain separate levels of offences:
* tribunal de police (" Police Court "): gross misdemeanors or summary offences ( summary jurisdiction );
In Bangladesh, the word " tribunal " is used to refer the court which are formed for some special purposes. There are several tribunals in Bangladesh. These have been set up to ensure speedy trial and to reduce the congestion of the cases in the normal Courts. Beside this, Article 117 of the Constitution Of The People's Republic of Bangladesh empowers the parliament to set up one or more Administrative Tribunals by law. No Court can entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such tribunal.
A military tribunal or commission is most usually used to refer to a court that asserts jurisdiction over persons who are combatants of an enemy force, are held in military custody, and are accused of a violation of the laws of war.
Service of process is the procedure employed to give legal notice to a person ( such as a defendant ) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal.