The document discusses the effectiveness of international tribunals in handling war crimes. It notes that international tribunals have faced criticisms over targeting African countries and lacking enforcement mechanisms. However, international tribunals have also tried to prove their efficacy by holding perpetrators of war crimes accountable from various nations and seeking justice for victims. For example, the ICTY successfully convicted people responsible for suffering in the former Yugoslavia and strengthened the rule of law.
The efficiency of international tribunals in solving war crimes
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The efficiency of International Tribunals in solving War Crimes
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Introduction
The development of International Tribunals, such as the International Criminal Tribunal for
Former Yugoslavia (ICTY), ICTR, and the International Criminal Court (ICC), has been praised
as great attainment for international law. Various challenges are facing the International
Tribunals in solving war crimes. Firstly, countries have accused the International Tribunals of
targeting the African countries. Moreover, the Rome Statute lacks enforcement mechanisms for
states that go against the cooperative principle of the Court. Given these problems, it is
questionable whether the International Tribunals can effectively meet their mandate of dealing
with war crimes. The question as to whether International had been able to meet the expectations
of the international community cannot be answered with certainty. Over the years, the world has
seen a rise in International Tribunals and their expansions in their mandate and jurisdictions.1
This study is going to evaluate the efficacy of International Tribunals in handling war crimes.
According to the critics of International Tribunals, they are ineffective as it does not make sense
for a nation to prioritize international law over its national laws. There is no apparent certainty of
what war crimes entail with other crimes under these tribunals' umbrella. The tribunals fail to
differentiate between war crimes and other crimes against humanity, thus curtailing the smooth
handling of war crimes. The organizational structure under which the tribunals are built has its
existence in the UN Security Council, creating apprehension of impartiality. Many countries
believe that the Security Council's permanent members influence the tribunals in making
decisions that taint these tribunals' reputations. There is a widespread lack of robust support from
nations for fear of losing state sovereignty. As a result of this problem, many countries have
1 Yuval Shany, 'AssessingThe Effectiveness Of International Courts:A Goal-Based Approach' (2012) 106 American
Journal of International Law.
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abstained from ratifying the Rome Statute, such as the US. In this scenario, it is difficult to book
the perpetrators of war crimes since such a state may refuse to surrender the criminals to the
jurisdictions of the tribunals.2
Conclusion
However, the International Tribunals have tried to prove the efficacy of international
responsibility and the strength of international law. The tribunals had been successful in holding
accountable the perpetrators of war crimes from various nations. They have been effective in
seeking justice for thousands of people in former Yugoslavia and Rwanda. Those responsible for
the victims' suffering were convicted for their unlawful acts. Likewise, the tribunals had been
successful in strengthening and upholding the rule of law. The ICTY, for example, directed the
newly developed states of Yugoslavia to review their judicial system in an attempt to promote
the rule of law.3
2 Samira ALLIOUI, 'THE PERFORMANCE OF INTERNATIONAL COURTS AND TRIBUNALS' (2018) 9 International
Journal for Court Administration.
3 'Are International Courts Effective?' (E-International Relations, 2021) <https://www.e-ir.info/2011/11/27/are-
international-courts-effective/>accessed 17 April 2021.
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Bibliography
Books, Journals, and Articles
ALLIOUI S, 'THE PERFORMANCE OF INTERNATIONAL COURTS AND TRIBUNALS'
(2018) 9 International Journal for Court Administration
'Are International Courts Effective?' (E-International Relations, 2021) <https://www.e-
ir.info/2011/11/27/are-international-courts-effective/> accessed 17 April 2021
Shany Y, 'Assessing The Effectiveness Of International Courts: A Goal-Based Approach' (2012)
106 American Journal of International Law
