Wednesday, September 11, 2019

Characterize the role of ICTY in developing international criminal law Coursework

Characterize the role of ICTY in developing international criminal law - Coursework Example A few years ago the concept of the establishment of international war crime tribunal seemed unrealistic but now ad hoc tribunals for former Yugoslavia and Rwanda have been established and the development of permanent international criminal court (ICC) is expected soon2. This paper will analyze the role of International Criminal Tribunal for the Former Yugoslavia (ICTY). ICTY was formed under chapter VII of the UN Charter. Under article 39 of the Charter, the Security Council found threat to the international peace and security therefore it was decided to establish a subsidiary unit that assures law enforcement to maintain security and peace internationally under article 7(2) and 41. The tribunal operates independently of political and Security Council considerations3. The United Nations set up ICTY for prosecuting those who were held responsible for committing serious crimes during the war in the former Yugoslavia and put perpetrators on trial for their actions. The purpose of establishing ICTY was to deter military and civil officers in the former Yugoslavia from committing more violent incidents. It was also intended to give a message internationally that those who attempted crimes would meet justice4. The international criminal tribunal (ICTY) was meant to maintain security and peace internationally. Case studies from Yugoslavia, Cambodia, and Rwanda showed that international tribunals have significantly contributed towards the international law and retributive justice. It can further help in reconciliation in other forms of justice and establishing peace. The impact of ICTY on the local public protest also signifies the disparity between local and international perspectives on justice. In Nuremberg and Tokyo practice of the victors’ justice, the role of ICTY has been very significant. It is also asserted that the practice of ICTY is and will continue to

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