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Towards Global Justice in the 21st Century?

NCJ Number
193333
Author(s)
Phenyo Keiseng Rakate
Date Published
May 2001
Length
11 pages
Annotation
This paper examines the broad significance of the establishment of particular tribunals designed to enhance the enforcement of international criminal law.
Abstract
Two specialized tribunals constitute a great milestone in the enforcement of international criminal law. These are the International Criminal Tribunal for the Prosecutions of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia (ICTY) in 1993 and the International Criminal Tribunal for Rwanda (ICTR) in 1994. These tribunals were established by the U.N. Security Council, acting pursuant to Chapter VII of the U.N. Charter to prosecute those responsible for the violation of international humanitarian law. These two tribunals have had significant impact on the enforcement of international criminal law on at least three levels. First, the work of the tribunals has given an impetus to the International Criminal Court. Second, the work of the ICTY and ICTR has had a positive impact on the enforcement of international humanitarian law by domestic courts. Third, the two tribunals have had a significant impact at the international level, evidenced by the support of the U.N. Security Council for two other ad hoc criminal tribunals for Sierra Leone and East Timor to prosecute those responsible for violating international humanitarian law. The law establishing the Cambodian Extraordinary Chamber has still to be sanctioned by the U.N. Secretary-General according to the agreement reached between the government of Cambodia and the Secretary-General in February 2000. This paper discusses each of these three endeavors, with attention to obstacles to their implementation. 34 notes