Implementing International Humanitarian Law: From the AD Hoc Tribunals to a Permanent International Criminal Court

By Yusuf Aksar | Go to book overview
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1

The Establishment of the ICTY and the ICTR

Introduction

As is well known, in 1945 and 1946 after the Second World War, the International Military Tribunal at Nuremberg (the Nuremberg Tribunal) and the International Military Tribunal for the Far East (the Tokyo Tribunal) were established by the Allied Powers to prosecute German and Japanese war criminals. 1 In 1993 and 1994 for the first time since the Nuremberg and Tokyo trials, the international community created two further international criminal tribunals to try individuals charged with violations of international humanitarian law. The first is the ICTY which was established by UN Security Council Resolution 827 of May 1993 2 'to prosecute persons responsible for serious violations of international

1. The United Kingdom, France, the United States and the Soviet Union were the Allied Powers in the Second World War. See Agreement for the Prosecution and Punishment of Major War Criminals of the European Axis, 8 August 1945 (hereinafter the London Agreement), 59 Stat. 1544, 82 UNTS 279 that includes the Charter of the Nuremberg Tribunal and the basic principles of the trial. However, the Tokyo Tribunal was not established by conclusion of a treaty. See Special Proclamation by the Supreme Commander for the Allied Powers, Establishment of an International Tribunal for the Far East, 19 January 1946, TIAS No. 1589.4 Bevans 20; In international law, there are a number of works considering the Nuremberg and Tokyo Tribunals. Some of them can be indicated as follows: Conot, R., Justice at Nuremberg (New York: Harper and Row, 1983); Taylor, T., The Anatomy of the Nuremberg Trials (New York: Knopf, 1992); Brackman, A., The Other Nuremberg: The Untold Story of the Tokyo War Crimes Trials (Morrow, 1987); Wright, Q., 'The Law of the Nuremberg Trial' (1947) 41 AJIL, p. 38; Wright, Q., 'Legal Positivism and the Nuremberg Judgement' (1948) 42 AJIL, p. 405; Schick, F.B., 'The Nuremberg Trial and the International Law of the Future' (1947) 41 AJIL, p. 770; Kuhn, A.K., 'International Criminal Jurisdiction' (1947) 41 AJIL, p. 430; Finch, G.A., 'The Nuremberg Trial and International Law' (1947J) 41 AJIL, p. 20; Ehard, H., 'The Nuremberg Trial Against the Major War Criminals and International Law' (1949) 43 AJIL, p. 223; Clark, R.S., 'Nuremberg and Tokyo in Contemporary Perspective', in T.L.H. McCormack and G.J. Simpson (eds.), The Law of War Crimes National and International Approaches (The Hague, London, Boston: Kluwer Law International, 1997), p. 171; Chancy, K.R., 'Pitfalls and Imperatives: Applying the Lessons of Nuremberg to the Yugoslav War Crimes Trials' (1995), 14 Dick. J. Int.'l L, p. 57.

2. Adopted unanimously by the Security Council at its 3217 meeting, on 25 May 1993. SC Res. 827, UNSCOR, 48th Year, 1993 SC Res. & Dec. At 29, UN Doc. S/INF/49 (1993).

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