THE ROLE OF NATIONAL COURTS IN COMPLEMENTING INTERNATIONAL TRIBUNALS: SUCCESSES, LIMITATIONS, AND FUTURE PROSPECTS

Authors

  • Ms. Mahima Khetarpal and Dr. Jogiram Sharma Author

DOI:

https://doi.org/10.7492/xvvyt872

Abstract

The interplay between national courts and international tribunals is crucial in the pursuit of justice and the enforcement of international norms. This paper examines the role of national courts in complementing international tribunals, focusing on their successes, limitations, and future prospects. National courts often serve as the first line of defense in upholding international laws and treaties, thereby complementing the work of international tribunals such as the International Criminal Court (ICC) and the International Court of Justice (ICJ). Successes include the effective prosecution of war crimes and human rights violations at the domestic level, which reinforces the international legal framework. However, challenges persist, including issues of jurisdictional overlap, political interference, and varying levels of judicial independence. The paper highlights notable examples where national courts have successfully integrated international legal standards, as well as cases where limitations have hindered the effective administration of justice. Looking forward, the paper discusses potential reforms and strategies to enhance the synergy between national and international legal systems, emphasizing the need for greater cooperation, capacity building, and alignment of legal practices. By addressing these issues, the paper aims to provide a comprehensive overview of how national courts can better complement international tribunals, thereby strengthening the global rule of law and improving justice delivery.

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Published

1990-2024

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Section

Articles

How to Cite

THE ROLE OF NATIONAL COURTS IN COMPLEMENTING INTERNATIONAL TRIBUNALS: SUCCESSES, LIMITATIONS, AND FUTURE PROSPECTS. (2025). MSW Management Journal, 34(1), 390-407. https://doi.org/10.7492/xvvyt872