An Analysis of the Legitimacy of International Criminal Tribunals

Abstract

World War II(WWII) precipitated the establishment of the International Military Tribunals. This article examines the legitimacy and effectiveness of international criminal tribunals within the international criminal justice system. Due to the absence of an international tribunal with centralised jurisdiction over all states, such tribunals must navigate complex jurisdiction and state sovereignty issues. Nonetheless, the establishment of institutions such as the Nuremberg and Tokyo Tribunals (International Military Tribunals), the International Criminal Tribunal for Former Yugoslavia (ICTY), and the International Criminal Tribunals for Rwanda (ICTR) has aimed to create specialised jurisdiction. International criminal tribunals play a crucial role in ensuring that individuals responsible for serious crimes are held accountable. They also serve as a deterrent to prevent future atrocities and aid in reconciliation and restoring peace in post-conflict societies. The article examines the tension and assesses the purpose and significance of international criminal tribunals within the larger context of international law. This article argues that despite these tribunals' perceived flaws, their contribution to the development of international criminal law is hard to overstate. Additionally, it is argued that legitimacy is not a one-off act; rather, it is both a process and outcome that requires due diligence throughout the tribunals' establishment, existence and discontinuance. The doctrinal research method was used to analyse the legitimacy and effectiveness of these tribunals. It was found that the extent of their jurisdiction and enforcement affected states' sovereignty, raising concerns about their legitimacy. The article concludes that legitimacy is not static; rather, the power dynamics of international criminal tribunals require their legitimacy to meet the international community's changing needs. States cooperation, the rule of law, and cognisance of international norms are essential for legitimacy and effectiveness.