The Ad-hoc Tribunals and International Criminal Justice: Valor or Vanity

Abstract

In the early 1990s, the international community witnessed inhumane criminal atrocities perpetrated in the former Yugoslavia and Rwanda. In order to put an end to these atrocities the International Criminal Tribunals for the former Yugoslavia and Rwanda (Adhoc tribunals) were established by the United Nations. The Security Council felt that the tribunals could put an end to such atrocities and take effective measures to bring to justice the persons who were responsible for them and thus contribute to the restoration and maintenance of peace. The Council further asserted that it believed that creating the tribunals would contribute to ensuring that violations are halted and effectively redressed. This paper argues that the ad hoc tribunals have experienced significant political manipulations and operational shortcomings. Despite acknowledging these shortcomings, this paper insists that both tribunals have provided a valuable addition to the cause of international criminal justice. The ad hoc tribunals represent a historic step towards ending the tradition of impunity for mass crimes by establishing an effective system of international criminal law. The ad hoc tribunal jurisprudence have given new life and strength to the positive development of international criminal law. The tribunals have demonstrated that international criminal justice is, indeed possible and thus, paved the way for the establishment of the International Criminal Court (ICC).