I International Criminal Justice Institutions: From the First Ad Hoc Tribunals and Their Precedents to the ICC and Beyond

Abstract

This chapter is both an institutional and historical analysis of International Criminal Justice. Even though the International Military Tribunals in Nuremberg and Tokyo are widely perceived as the birth of International Criminal Justice, the chapter starts with historical precedents of these tribunals: for instance, the Versailles Peace Treaty (VPT) as the first international instrument providing for the prosecution of war criminals. The international Nuremberg and Tokyo tribunals are then examined in detail and from several perspectives – except the procedural perspective that is dealt with by Volume III. These tribunals laid the groundwork for subsequent Tribunals and mechanisms. Thus, the chapter proceeds with the establishment of the UN Ad Hoc Tribunals, the International Criminal Court and the more recent mixed or hybrid Tribunals. The focus of the analysis lies on the development of those tribunals, their institutional setting, and main aspects of both their legal regime and developed case law. The practice of the ICC is especially evaluated against the background of criticism regarding its alleged African focus or even bias. The last section on hybrid tribunals also takes a broader look at other investigative and accountability mechanisms.