Ad hoc International Criminal Tribunal

Abstract

The Ad Hoc Tribunals (the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda) played an important role in catalysing the creation of the International Criminal Court (ICC). First, they demonstrated that international criminal justice was possible, even if it would not be easy. Second, they demonstrated that creating ad hoc tribunals in response to atrocities was not a sustainable solution.The International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), which have been in operation for ten years already, have had a significant influence on the growth of the system of international criminal law. Those contributions include significant jurisprudence on substantive and procedural law, as well as on the types of culpability under international law and the determination of specific historical facts, which renders them undisputed. The Rome Statute's design was also influenced by ad hoc tribunals, and many of its characteristics were included by the Rome Statute's authors. The Rome Statute's authors attempted to address what they believed were the shortcomings of the ad hoc tribunals, but at the same time, the ICC was also a response to those tribunals.The work of the ICC and other special courts and tribunals was made possible by the International Tribunals' demonstration that contemporary international humanitarian law can be fairly applied and that accountability can be crucial in bringing war-torn states back to the rule of law. Nevertheless, despite these and other significant accomplishments, some have criticised the International Tribunals for their perceived sluggish justice delivery and high operating costs.