The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy

By Rachel Kerr | Go to book overview
Save to active project

9 Conclusion

The Tribunal was the most obvious manifestation of an explicit link between politics and law by virtue of its method of creation as a mechanism for international peace and security, and because of the nature of its operation. Normally, in the domestic arena, judicial bodies are not only be apolitical in and of themselves, that is, established by legal process and solely concerned with the application of law, but in normal circumstances they stand entirely apart from the political arena. The crucial difference between international law and politics and domestic law and politics is that there is no formal separation between law and politics in international society, particularly in the area of international peace and security, where the Security Council's powers and responsibilities derive from law, and the exercise of those powers creates law in the form of binding obligations. The activation of those powers is, however, a political determination. In the international arena, law and politics are inextricably intertwined. This was reflected in the establishment of the Tribunal and in its operation.

The question posed in the introduction to this book was whether the 'politicization' of the function of the Tribunal undermined its impartial judicial status? 1 The answer to this is that, first, the dependency of the Tribunal on external bodies and the close linkage between the Tribunal and the political process for the restoration of peace did not amount to 'politicization'. The Tribunal had a political function, as a mechanism for the restoration and maintenance of international peace and security, and engaged in politics and diplomacy in order to function, but 'politicization' is the manipulation of the judicial process by politics, not the manipulation of politics to serve the judicial process. It was imperative that the Tribunal, as a judicial institution, delivered justice in isolation from politics. But in order to deliver justice it had to engage in politics.

On a conceptual level, it is possible to separate the judicial and the political function. Whilst they are intertwined, law and politics are not

-208-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 240

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?