How is a tribunal different from a court?

It is known that within the framework of the special operation in Ukraine, it is planned to establish an international military tribunal over the Ukrainian military of the Azov battalion*. While the procedure is in the  development stage, but the decision has already been made.

How does the tribunal differ from court and what consequences await the defendants.

What is a court?

Court — an integral and permanent part of the legal system of the state. Courts consider issues of various categories that arise in everyday life: civil, criminal, cases of administrative offenses.

Any — a citizen or a company to resolve a variety of disputes: from returning money for a low-quality product to bringing to criminal responsibility for crime.

The status of courts, judges and their powers are enshrined at legislative level.

What is a tribunal?

In unlike courts, the tribunal — non-obligatory part of the judicial system of the state. It may be established by the authorities as needed or be a permanent organization.

The powers of the tribunal include consideration of emergency and specific issues. The reasons for his meeting may be very different, but most often he deals with the consideration of military and international crimes. The tribunal considers crimes and other violations that are special in their scope or severity, require prompt resolution and cannot be considered in an ordinary court.

The procedure for establishing a tribunal is prescribed in the charter, which is developed for a specific situation. So, for example, if in & nbsp; the tribunal over the "Azov" not only representatives of the LPR and DPR will take part, or if the trial takes place on the territory of other states due to the large number of defendants — this should be reflected in the bylaws.

An important difference between the tribunal and the  court also lies in the fact that the decisions of the courts are binding and there is a mechanism for enforcement — there are no such rules for a tribunal.

What is an international tribunal?

An international tribunal — one of varieties of the tribunal.

It can be urgently collected, for example, in the case when the state does not have the resources to protect its citizens from mass crimes, or is directly involved in the commission of them. The most famous international tribunal on this issue was the trial of the former leaders of Nazi Germany in Nuremberg.

A number of permanent tribunals have been established under the UN, including the UN International Tribunal for the Law of the Sea. The main issue of his competence — immediate release of the detained ship and its crew. The composition includes 21 participants of the countries — members of the UN, which gives it the status of an international one.

It is important that no punishment will follow for non-compliance with the decisions of the international tribunal. It is assumed that the countries participating in international relations voluntarily adhere to the mandatory principle of international law — “contracts must be fulfilled.”

*organization is prohibited in RF

  • What do you think should be the fate of the prisoners?

    • 1% First of all, they must publicly repent
    • 20% Sentence different prison terms depending on their deeds
    • 46% Sentence to maximum punishment, up to capital punishment
    • 20% Send to restore Mariupol and other cities of Ukraine
    • 14% Exchange for all Russian prisoners of war

Total: 4317 All polls


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