Establishing a better understanding of international criminal law : the contribution of ad hoc tribunals

Abstract

Regardless of historical legal influence, the principle of fairness is a common denominator found in all functioning legal systems. When a person causes unjust injury to another, it is only fair that he bears the penalties. When a person commits a crime in a country that prohibits such behaviour, establishing jurisdiction is quite simple. Within a domestic legal system, the suspected perpetrator must subsequently appear before a court, where a formally appointed judicial entity will render judgment. When an international element is introduced, the phenomenon of justice takes on a distinct dynamic because one must go beyond state legislation. The international community was confronted with the problem that, despite the fact a person had committed a crime, it was unclear which court should punish him. Prior to the establishment of the International Criminal Court, the international community had to confront such crimes through a different channel: ad hoc tribunals. The purpose of this research is to examine how the establishment of such ad hoc tribunals has influenced International Criminal Law and how it is currently understood. The main conclusion that can be drawn from this study is that the effect of ad hoc tribunals on international criminal law has been more than significant, with comparisons found in the second chapter of this work along with a handful of landmark judgements discussed in the third chapter backing up this hypothesis.