pros and cons of war crime tribunals pros and cons of war crime tribunals

Volume 2 Issue 1 Article 15 Fall 1994 An Analysis of the United Nations International Tribunal to Adjudicate War Crimes Committed in the Former Yugoslavia: Parallels, Problems, Prospects Mark A. At the heart of the concept of war crimes is the idea that an individual can be held responsible for the actions of a country or that nation's soldiers. 3. The toll on the economy: In most wars, Debt, inflation, and tax rates increase consumption and investment decrease, and military payment displaces additional productive government investment in high-tech industries, education, or infrastructureall of that severely affect the semi-permanent economic process rates. {signed] JOWITT C. The regulation of the state of war, whether stemming from tradition, custom, certain codes of conduct and, ultimately, law, has evolved throughout the centuries together with the notion of war. Trials began in June 2004. Courts are empowered to make fair and binding decisions upon the facts that are received. Milosevic was charged with genocide and crimes against humanity. Crime Against Humanity - Acts that violate concepts of natural law and natural rights of human beings as human beings. In many cases, these individuals hold a lot of political power and if not for international criminal courts they would be back in power today. Transcribed image text: The Nuremberg Trials were a watershed event in the practice of human rights at the international level. Count two was crimes against peace the actual planning, preparing, and waging of aggressive war. The court is created in order to protect the victims of the most serious and hideous crimes. There's certainly lots of anecdotal evidence - that people are adjusting their behavior, and that attitudes to certain things, like the recruitment of child soldiers, have changed quite dramatically. In the case of the ICTY, perceptions are biassed across ethnic lines. As a compromise, the quadripartite Control Council that governed Germany enacted a law authorizing each of the four Powers to carry on with such prosecution in its own zone of occupation as it might see fit. These international criminal courts and tribunals have sentenced leaders of horrific war crimes in unprecedented fashion. The answer may be somewhere in the middle. Crimes Against Humanity: But, marginalizing the U.N. by not having it try Saddam on behalf of the rest of the world further increases the chances that the USA will be stuck with full tab for Saddams ouster and the rebuilding of Iraq. Former Yugoslav President Slobodan Milosevic appears before the court of the International Criminal Tribunal for the former Yugoslavia in The Hague in December 2001. Tribunal Milestones Rather, the suggestion here is for an effective international supplement to national structures and processes a multilateral institutional framework to hold some key individuals to account while simultaneously providing a catalyst for more effective national enforcement of international criminal law. As a provision, it was the initial step that began a whole new approach from part of the international community towards certain abuses against civilians during periods of war and also during peacetime. Fashionable warfare weapons cause intensive environmental harm to the air and soil. International criminal courts and the ICTY have played a crucial role in international law and transitional justice. Winning a war additionally earns countries respect within the international community. Separation of families: When Men head to War, families are separated. 1. In November, the Security Council agrees to establish the International Criminal Tribunal in Rwanda (ICTR) in Arusha, Tanzania. By including criminal provisions and obligations for nations these also gave strong notions of a development in international criminal law. These include genocide, torture and rape. In the case of Yugoslavia, the Tito communist regime was the rule of law and there was little room for an independent judiciary system. 6. Indeed if international criminal law is defined as the prosecution of individuals for international crimes such as war crimes or Crimes Against Humanity then there was no such law for most of the twentieth century. The Court is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law during armed conflicts in Sierra Leone from 1996-2002.As a hybrid or mixed court based in the country where the atrocities occurred, as opposed to being based in The Hague, the Special Court is said to represent a new type of justice system. Up until the present the international community has been very reluctant to enforce international criminal law. . I'm just giving that as an example of expectations that clearly weren't met. Experts were soon designated to draw up a Code of Crimes Against the Peace and Security of Mankind and to draft statutes for an international criminal court to punish such offenses. Criminal, Judges are public officers chosen to rule and administer the law in a court of justice. It now appears that Hussein will be tried by the Iraqi Special Tribunal that was established late in 2003. The aftermath of war demands countries rebuilds themselves, which might take a minute. Murder, rape, torture the chaos of wartime often leads to impunity for the crimes committed by the parties at war. But the shocking acts of the Nazis were not isolated incidents, which we have since consigned to history. The advantage of choosing the tribunal system is that it is not strictly bound by the restrictions of rules of evidence and precedent. International Criminal Tribunal for Yugoslavia. Is the Prosecution of War Crimes Just and Effective? There shall be established after consultation with the Control Council for Germany an International Military Tribunal for the trial of war criminals whose offenses have no particular geographical location whether they be accused individually or in their capacity as members of the organizations or groups or in both capacities. [signed] ROBERT FALCO A war crimes tribunal can also force forgotten or hidden atrocities to be retold by survivors. This paper can discuss the professionals and cons of War. J. INT'L L. . Specialized courts also run the risk of encouraging special interest groups to take an undue . Ending impunity for war crimes and genocide is clear progress in international law and human rights protection. In terms of a criminal justice process the court serves as the place in which a trial is heard and a sentence decided. In May, the first full-length ICTY trial concludes with the conviction of Bosnian Serb Dusan Tadic on eleven charges of war crimes. The examiner will not expect the other side as no concluding comments are needed. Not until the world was shocked by the ethnic cleansing in the former Yugoslavia and the genocide in Rwanda could the UN, no longer paralyzed by the Cold War, take action. When the international criminal tribunals were convened in Nuremberg and Tokyo in the mid-1940s, the response from lawyers was mixed. A better strategy would be to attempt to use Saddams capture and subsequent trial as a bridge to accelerate Iraqs reentry into the worlds community of nations and vice versa. The main role of the courts is to interpret and apply the law. The Agreement of London, 1. INTERNATIONAL CRIMINAL LAW IN THE PAST, International Criminal Law as a concept has exited between nations states for centuries. Tribunals are quite formal so procedure may be confusing for individuals representing themselves. These two tribunals laid the groundwork for the prosecution and convictions of soldiers and commanders that committed crimes in World War II. Tribunals are special courts of experts in different walks of life. 5.2.3 Rwanda Known formally as the Convention on the Protection of Civilian Persons in Time of War, it required U.N. nations to enact laws that made it illegal to commit or order others to commit grave breaches of the Convention, and to actively seek to bring such offenders to trial. The motivation is to maintain a high standard of impartiality within the proceedings. In mootness, the Federal, Court History and Purpose. There was no longer anything ex facto about such a charge. In its comprehensive judgment, the Tribunal traced the history of international criminal law and the growing recognition in treaties, conventions and declarations, that aggressive war was an illegal act for which even a head of state could be brought to account. What ensues is that local media, with knowledge of the working language of the court and the local language, interpret the legal proceedings and distill it to the public however they like. You are clearly a political vehicle; although you are judicial, you're a court, at the same time you are an element of an attempt to solve what is fundamentally a political problem, a conflict. Acts of mass violence have taken place in so many countries and on so many occasions it is hard to comprehend. Because mental health court is designed to target the needs of offenders, individuals will get much more help and assistance while in the program compared to . However, these war crimes were not in themselves punishable in any international court (mainly due to the practical non-existence of such legal apparatus before the United Nations) and were very much a notion without a consequence, a general concept floating above the aftermath of wars, and not affecting individuals as such but rather relying on the concept of state responsibility. Any government of the United Nations may adhere to this agreement by notice given through the diplomatic channel to the Government of the United Kingdom, who shall inform the other signatory and adhering governments of each such adherence. Second, in post-conflict settings, international criminal courts need to understand that the law can be perceived by stakeholders in society to be political and biassed. Intertwined divisions working for a common goal. Adjourning the conference, preparing new amendments and then debating these amendments at the next session helped to solve each problem but on many major points of contention the American delegation overrode opposition from the other nations. Answer (1 of 11): Pros? They also recognized individual accountability and rejected historically used defenses based on state sovereignty. Land gain: War might cause countries to amass offshore territories of alternative nations. When conflict arose in the former territories of Yugoslavia in the 1990s it was clear that the current judicial structure would not be powerful enough nor impartial enough to fairly prosecute the mass atrocity. The institutions developed before the conflict may have been ones established by authoritarian regimes, therefore making it difficult to recycle parts of those pre-conflict institutions. On December 4, 1989, the United Nations General Assembly adopted a resolution that instructed the International Law Commission (the ILC) to study the feasibility of the creation of a permanent ICC. 5.1.1.1 Codification of Law via the United Nations War ought to be avoided in any method potential. In the ICTY context, multiple individuals were prosecuted who would have regained leadership roles after the conflict. The reason why we have a dual-court system is, back then; new states joining the union were assured of limited federal intervention into local affairs. Betting on the war outcome, the land gained remains beneath the captors management, increasing the countrys territory. The third count was war crimes a category that included killing and mistreating soldiers and civilians in ways not justified by military necessity. They were the first tribunals where violators of international law were held responsible for their crimes. Photo: AFP/Tang Chhin Sothy In addition, the decisions are more likely to be respected and upheld if they are made within a country. Indicted in 1999, he was brought to The Hague to stand trial in 2001. Loss of property - It is very evident that war leads to the destruction of people's property due to the fights that take place. The Geneva Convention as drafted in 1949 evolved from 19th century protocols (1864). The convention is the first international agreement outlining the basic rules for land warfare. First, international criminal courts are typically established in social and political environments that historically lack strong legal frameworks. 2. The chief prosecutor of the International Criminal Court, Karim Ahmad Khan, recently launched an investigation of war crimes and crimes against humanity allegedly committed amid Russia's invasion of Ukraine. It was the first trial related to the Rwandan genocide to proceed in Europe. There are two types of courts; civil court and criminal court. environment. Bosnia-Herzegovina, one of the remaining Yugoslav republics, declares independence. The accused were charged under the London Charter of the International Military Tribunal, which defined three types of crimes: crimes against peace, war crimes, and crimes against humanity. For many of them that indicates not only a big political commitment, but also an important financial commitment. Israel wants to know whether scud missile attacks are war crimes. The lessons of Nuremberg seemed to have been forgotten. Innocent folks are fixed within the scenario and lose their lives within the method. (12). The IMT, citing The Hague Conventions and prevailing customs of civilized nations, rejected Germanys argument that rules of war had become obsolete and that total war was legally permissible. While the law limped lamely along, international crimes flourished. Superior orders would be no excuse but could be considered in mitigation. Alberta Law Review 60. Pros and Cons of International Criminal Law and its Impact as a Transitional Justice Mechanism, The case of the International Criminal Tribunal for Former Yugoslavia (ICTY) offers many points of argument for both the pros and cons of international criminal tribunals in general. Principle IV It's the prosecutor who makes these determinations, and he's been talking about these other countries and places outside of Africa for many, many years, but nothing actually happens. Leaders who deliberately attacked neighboring states without cause must have know that their deeds were prohibited and it would be unjust to allow them to escape merely because no one had been charged with that offense in the past. Removal of these individuals is an, Second, in post-conflict settings, international criminal courts need to understand that the law can be perceived by stakeholders in society to be political and biassed. This is not to suggest that the international community needs an effective international regime to replace or supplant national courts and processes. For more than four decades after the establishment of the Nuremberg and Tokyo tribunals the enforcement of international criminal law remained an exclusively national responsibility and the report card is appalling. 1946 The Rome Statute is one of the sources of international criminal law. The law is not static said the Tribunal, but by continued adaptation follows the needs of a changing world. Aggressive war was condemned as the supreme international crime. (10). Robert H. Jackson made a preliminary visit to London in late May 1945 where he conferred with Foreign Minister, Anthony Eden, and British Attorney General, David Maxwell Fyfe. Crimes Against Peace (planning, preparing and waging aggressive war), war crime, in international law, serious violation of the laws or customs of war as defined by international customary law and international treaties. Jan. 18, 2006: Military personnel walk past the newly built military buildings that will serve as Extraordinary Chambers in the Courts of Cambodia (ECCC) for the Khmer Rouge tribubal outside Phnom Penh, Cambodia. [signed] ROBERT H. JACKSON In short, the defence argued, Akayesu was being made a scapegoat for the crimes of the people of Taba. Those years saw hundreds of deaths, the use of chemical weapons against Iranians and Kurds, the invasion of Kuwait in 1991, the massacre of Shites and Marsh Arabs who rose up after the first Gulf War, and alleged systematic killings, rapes and tortures. The Charter was adhered to by nineteen other nations and both Charter and Judgment of the IMT were unanimously affirmed by the first General Assembly of the United Nations. Environmental damage: The application of weapons, the destruction of structures and oil fields, fires, military transport movements, and chemical spraying are all samples of the destroying impact war might wear the setting. That is because the military is one of the few jurisdictions that allows for split verdicts in criminal trials. 5. 3. President George W. Bush signed a signing statement that aimed to increase the President's power to establish military tribunals for the prosecution of prisoners in a way that was not subject to judicial . The organization was established in 1998 and became a fully functioning organization with the implementation of the Rome Statute in 2002. The Statute for the International Criminal Tribunal for Rwanda was adopted at the end of 1994 (Res. The troopers United Nations agency head to War leave their families heartsick and in despair. The entry "war crimes tribunals" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press. 1997 12 See IRIS CHANG, THE RAPE OF NANKING: THE FORGOTTEN HOLOCAUST OF WORLD WAR 11 (1997) (relating the history of the "comfort women" program and the Tokyo Tribunal's treatment of rape as a war crime). The lead IMT defendant, Field Marshal Hermann Goering, after he was sentenced to be hanged, was sentenced to death in absentia. The influence which Nuremberg and to a certain extent the Tokyo trials had upon the formulation and conception of such a declaration cannot be understated. In 1994, brutal civil war erupted between rival ethnic tribes in Rwanda. The implied promise held forth to the world was that such crimes would be condemned in future, wherever they occurred and that no person or nation would be above the law. Agreement of the government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union of Soviet Socialist Republics for the Prosecution and Punishment of the Major War Criminals of the European Axis. Of course, implementing the arrest warrants needs the cooperation of the states, and on several arrest warrants we see that the states are not respecting their obligations to cooperate with the court. The brutalities of Russia's war in Ukraine have stoked enormous demand among Ukrainians and much of the Western world for investigations, indictments, arrests and trials for the . Slobodan Milosevic, Milan Milutinovic, Vlajikovic, and Nikola Sainovic were indicted by The Hague. Although it would seem desirable that the former Iraqi dictator be tried by an Iraqi court, it is not yet clear whether the Iraqi Special Tribunal and the Iraqi legal profession have sufficient resources and expertise to conduct a trial of this complexity. Others condemned them for their legal shortcomings . Editor: Gregg Benzow, Pros and cons of the ICC - studio discussion, German abortion clinics targeted by US-style protests, German family minister takes on anti-abortion activists, Spain passes laws on trans rights, abortion, menstrual leave, Tunisia labor union protests President Saied. The dual court system in the United States consists of a federal court system and a state court system. Criminals were extradited to a large extent in order that domestic criminal law be effectively implemented. This cooperation resulted in, e.g., the conclusion of numerous bilateral and multilateral treaties for the extradition of criminals. 4.2 Principles of the Nuremberg Tribunal, 1950 NO. The London Charter created the International Military Tribunal (IMT), which were the four chief prosecutors of the Nuremberg trials (Jackson, page 4). Countries additionally defend themselves against foreign invasion. 1996 This is vital in cases where, as previously discussed, individuals being prosecuted can have significant political influence. Further into my research and help from Webster, I decided that the criminal justice, The concept of natural justice is sustaining procedural fairness and protecting the rights of individuals. Some were acquitted and released. The Landlord and Tenant Board is beneficial because it is cheaper and faster compared to the traditional court system. The Landlord and Tenant Board allows the parties to present their issues in front of an un-biased arbitrator, which ensures they are getting fair results. Answered by michaelachevi. 4.1 the International Military Tribunal (IMT). 5.2.1 Tokyo 6. Although, tribunals are to some degree bound by the decisions of other tribunals they have a greater degree of flexibility in their decision-making powers. A . 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, Discuss the role of tribunals in England and Wales (11/11), evaluate the role of the tribunal system , Could someone explain tribunals - UNIT 1 AQA AS LAW , Alternative Dispute Resolutionis it better than litigation? 10. . 11-14. The character of War is that its not discriminatory within the lives lost. The London Statute called for the indictment of the major war criminals, and after much debate, the IMT came up with a list of 24 names, 22 of whom would, in the event, be tried. Similar trials were conducted in the French, British and Soviet zones of occupation. The first count involved conspiracy conspiring to engage in the other three counts. DONE in quadruplicate in London this 8th day of August 1945 each in English, French, and Russian, and each text to have equal authenticity. The Convention takes the main aspect of these crimes, extirpates it from a broad definition, and narrows it down into one separate and codified principle. Courts are important beyond criminal justice, too. The question may only ask for advantages or disadvantages, in which case, only answer what it is asking. A cease-fire is negotiated in Bosnia in October, and combatants sign a peace treaty, in Dayton, Ohio. 1. The resolution was one of the so-called Geneva conventions, named after the Swiss city where they were signed. TRAININ, 4. Can such tribunals be neutral? The other and ultimately more important drawback is that by not trying him in front of an international body, such as the U.N.s International Criminal Tribunal, the charter of the United Nations itself and of the concept of the world collectively bringing despots to justice are gutted. Bland Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/ijgls On November 20, 1945, the International Military Tribunal in Nuremberg, Germany, began a trial of major Nazi leaders on charges of crimes against peace, war crimes, crimes against humanity, and conspiracy to commit each of these crimes. The idea of a Crime of War, or war crime, is not new to the modern legal vocabulary. It is also the first tribunal to consider that rape as torture or sexual slavery is a crime against humanity. The Nuremberg and Tokyo trials were founded on the wish that atrocities similar to those that had taken place during the Second World War would never again recur. Throughout our discussions, lectures, and readings I felt the process presented itself as a network. In a modern context, prosecution of war criminals in Syria calls for the creation of some kind of international body. More than 500,000 people, most of them members of the Tutsi minority, are massacred by the Hutu majority over a four-month period. On first glance, it seems that groups like the Commission for International Justice and Accountability (CIJA) solve a key limitation facing other justice mechanisms: On the ground and in active. Second, truth commissions investigate a pattern of abuse over a set period of time rather than a specific event. Instead of following the Nuremberg principle of punishing only the guilty after a fair trial, economic sanctions were imposed on the civilian population of Iraq many of whom might have disagreed with the aggressive policies of their government. Of the 22 men tried by the tribunal, based in Nuremberg, Germany, 19 are convicted. Notify me of follow-up comments by email. As the Nuremberg judges pointed out in 1946, The Hague Convention nowhere designates such practices [methods of waging war] as criminal, nor is any sentence prescribed, nor any mention made of a court to try and punish offenders.(1). The tension among the general. This Tribunal, which is yet to commence operation, has jurisdiction over crimes of genocide, war crimes and Crimes Against Humanity committed since 1968. War and law have had a constant relationship between each other ever since the existence of conflict as a collective phenomenon. The board officers are knowledgeable in the field and are impartial to the parties, giving both sides a chance to present their case. Some believed that the Second World War was an exceptional event requiring special legal remedies, and commended the tribunals for advancing international law. The Federal Court System is one of the most essential and significant functions to help settle a matter. 8. As part of the universal determination to avoid the scourge of war, legal precedents were created that outlawed wars of aggression, war crimes and Crimes Against Humanity. In this context, international criminal courts can provide a solution to this gap in judicial infrastructure. Nations that had been unwilling to intervene to block the carnage now recognized that some action was essential. The paper will first deal with the law applicable to arbitration agreement. However, it is important not to overlook the inadequacies of these international criminal tribunals to better practice international law after mass atrocity. Article 5. Copyright Get Revising 2023 all rights reserved. According to one author, Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. All advantages and disadvantages that you need to know about tribunals for the LAW01 exam should you choose to answer questions on civil courts and ADR. Inspired by the horrors revealed at the Nuremberg Trials, the Assembly passed another resolution calling for a convention to prohibit and punish the crime of genocide by such a tribunal as might later prove acceptable to the parties. Technological advancement; The competition in wars ends up in innovation as Countries aim to raised their technology to defeat their enemies. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. The concept of Crimes Against Humanity has been a product of very recent historical, political and social developments which has brought war crimes under a different light in international law, and very much under the scope of Human Rights, which have impregnated the law of war as an international, codified phenomenon in many ways. The following year, diplomats from around the world adopt four new conventions that strengthen the rights during wartime of civilians and prisoners of war. The U.N., which was founded in 1945 from the ashes of World War II, took the lead in the late 1940s in defining war crimes and trying to establish guidelines designed to prevent such horrors in the future. The awareness of the inadequacy of the law and the willingness to do something to enforce such new principles was slow in coming. The court ultimately doesn't just objectively select the places it's prosecuting. The Nuremberg trials established that all of humanity would be guarded by an international legal shield and that even a Head of State would be held criminally responsible and punished for aggression and Crimes Against Humanity. But there is a need to analyse the situation and to decide whether or not to open an investigation that is also a matter that is important to explain to the people; that there are different elements that the prosecutor needs to take into consideration in order to open an investigation. Stimulates economic growth: War creates job opportunities, particularly in weapons-producing industries. While they are worthy accusers, they are not the only people against whom Hussein committed crimes. To go out and get more members - they're going to join, not just because they're convinced of the independence and impartiality of the court, but because they feel that the court is courageous in terms of addressing the conflicts that are important to them, like the situation in Palestine. Fourth, legal counsel like judges, prosecutors and defenders are disallowed from being nationals of the conflict territory. Hundreds of thousands and in some cases millions of people have been murdered in, among others, Russia, Cambodia, Vietnam, Sierra Leone, Chile, the Philippines, the Congo, Bangladesh, Uganda, Iraq, Indonesia, East Timor, El Salvador, Burundi, Argentina, Somalia, Chad, Yugoslavia and Rwanda in the second half of the past century. The Federal Court must show they have extreme and substantial evidence in the outcome of the case. Editor: Tove Rosen, To be the preeminent, enduring source of knowledge on the life and guiding principles of Robert H. Jackson. The ICTY imposes its first sentence on Drazen Edemovic, a Bosnian Croat who served in the Bosnia Serb army.