On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law

This article focuses on the problems of, and prospects for, the enforcement of international humanitarian law through the prosecution and punishment of individuals accused of violations of international humanitarian law by international or national tribunals. The author first examines the factors that historically prevented the development of international tribunals and then looks at recent events, namely the end of the Cold War and the subsequent unleashing of unparalleled forces of nationalism and fundamentalism in different parts of the world, which have created an increased willingness on the part of states to institute mechanisms, both at the international and domestic levels, for international criminal justice. With the establishment of the ad hoc International Criminal Tribunals for the former Yugoslavia and for Rwanda, the enforcement of international humanitarian law has moved into a new and more effective phase. Yet, the clear merits of individual criminal prosecution by international tribunals cannot simply override the very real problems and obstacles they face. The author examines these problems, arguing that state sovereignty is a major obstacle to the effective enforcement of international criminal justice. Nevertheless, the author concludes that justice can be done at the international level and that international criminal tribunals are vital in the struggle to uphold the rule of law.