A new frontier for the defense of human dignity : from the ad hoc tribunals to an international criminal court : competence and jurisdiction of an ICC [Gavin Ruxton]

Abstract

My purpose today, as a representative of their Prosecutor, is to set the work of the two ad hoc Tribunals, the ICTY and the ICTR, in the context of the progress being made towards the creation of a permanent international criminal court. I have chosen the image of these Tribunals as stepping stones because I think it is an appropriate one, given the torrent of violence that has poured across the planet twice this century in world wars, and more recently has engulfed particular areas in the form of savage and bitter regional conflicts. The Tribunals are indeed important stepping stones. As we balance on them, somewhat precariously, we can still see, on the bank behind us, the outlines of the Nuremberg and Tokyo structures, and we can still hear the echoes of the founders of the United Nations pledging to prevent future wars. Perhaps we can also see around us a number of shining post-war conventions developing the laws of war and human rights. But when we look forward the view is less clear: we may be starting to see the outline of the other bank, but the picture is still rather hazy, and we cannot be sure, if we jump from our stepping stones, whether we will make it safely to the other side, or whether the torrent will suck us down or sweep us backwards. [excerpt]