To What Extent Have International Courts And Tribunals Been Successful In U

845 Words Mar 30th, 2015 4 Pages
To what extent have international courts and tribunals been successful in upholding human rights?
There are several International bodies that are responsible for upholding Human rights. In this essay I will attempt to examine and analyse the effectiveness of international courts and tribunals in upholding human rights.
The first International court is the ICC. The ICC has achieved some limited success with human rights cases, for example the International Criminal Court ruled against Russia’s
Human rights abuses in Chechnya. In 2005, the European Court of Human Rights ruled that
Russia committed serious abuses, including torture and extra-judicial killing, in Chechnya.
The ruling came after the Strasbourg-based court heard claims brought
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Finally, stopping and searching without firm grounds of warranted suspicion were deemed to be illegal in the UK by the ECHR.
However there are several limitations to the ECHR. Perhaps the largest being it only has jurisdiction within countries within the EU; furthermore ultimately these states still retain ultimate sovereignty. It also relies on states to make arrests themselves. And so fundamentally the ECHR can only really act as an advisor because it has limited authority and has no real way of enforcing its legal decisions. An example of a case where the ECHR failed to uphold human rights would be the ban on wearing Turkish headscarves in university.
Turkey can ban Islamic headscarves in universities, the European Court of Human Rights ruled. The court rejected an appeal by a Turkish woman who argued that the state ban violated her right to an education and discriminated against her. The judges ruled that the ban was justified to maintain order and avoid giving preference to any religion.
International tribunals have also achieved some success. For example in 2011 Ratko Mlodic was arrested in Serbia and extradited to Hague to stand trial for the International Special

Tribunal for the crimes against the former Yugoslavia. Furthermore the same tribunal later arrested and all of the 161 men indicated. This is a clear example of how international courts and tribunals can be effective in upholding human rights. However there are still several

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