Examining the Enforcement of Judgments Issued by International Courts
Keywords:
Enforcement, International Courts, International Peace and Security, International Court of Justice, International Justice, Security Council, International Criminal CourtAbstract
The enforcement of judgments issued by international courts is a fundamental issue in international law that plays a vital role in ensuring justice, maintaining the global legal order, and strengthening international peace and security. This article aims to examine the factors affecting the enforceability of international court judgments by structurally and functionally analyzing courts such as the International Court of Justice (ICJ), the International Criminal Court (ICC), and special and regional tribunals, including the courts for Rwanda, the former Yugoslavia, and Tokyo. In this context, concepts such as the jurisdiction and powers of these courts, the process of issuing binding judgments, and the challenges related to the cooperation or non-cooperation of states are explored. Additionally, the political and legal impacts on enforcement and the role of institutions like the Security Council in ensuring the execution of judgments are analyzed. The article demonstrates that the reliance of international courts on the cooperation of states and the support of international institutions, including the Security Council, is a primary challenge in enforcing their judgments. Nevertheless, international courts have significantly contributed to the development of international law by articulating new legal principles and addressing international crimes. Finally, the article offers suggestions for strengthening enforcement mechanisms, enhancing international cooperation, and reducing the influence of political considerations, which can help increase the effectiveness of enforcement and bolster the international justice system.
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Copyright (c) 2025 Siamak Jedi Rahim Biglow (Author); Yaser Yahyizadeh (Corresponding author); Hassan Hajitabar (Author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
