War Crimes and Crimes Against Humanity: International Law

History of International Law

The issue and need for international law came to the forefront of modern thought through the writings of Hugo Grotius (1583-1645). His belief was that international law should be based on natural law. He advances the theory in his book On the Law of War and Peace that natural law is binding on all nations regardless of their local customs. According to Grotius, these laws apply also to war and conflict. His writings are strongly relied upon to guide current political and legal thought as well as assisting in the forming of war commissions, tribunals and international courts.

The investigation and prosecution of war crimes and crimes against humanity have been considered and undertaken by the international community on many occasions by various courts. Throughout history specific tribunals have been formed and then disbanded after the trials have been completed and justice has been served.

In 1919, following World War I, the Commission of Responsibilities was established by the Paris Peace Conference to make recommendations regarding war crimes. The Commission recommended the establishment of a tribunal consisting of 28 judges from the member states. Although the Commission established the guilt of Germany and made recommendations for the prosecution of Kaiser Wilhelm as well as forty-five other Germans the tribunal was never carried out. Holland refused to extradite the Kaiser and Germany refused to turn over the 45 individuals requested by the Commission. Instead of turning over the war criminals Germany tried them at the Leipzig War Crimes Trial in 1921.

In 1945, following World War II, the Nuremberg Charter issued a decree setting down the procedure by which Nazi war criminals would be prosecuted. Two hundred defendants were tried at Nuremberg under the authority of the Allied Control Council. The court was restricted to violations of International Law and the Laws of war. No prosecution could be conducted for crimes that occurred prior to 1939.

In 1946, modeled after the Nuremberg Trials, The International Military Tribunal for the Far East also known as the Tokyo War Crimes Trial was formed by a charter approved by General Douglas MacArthur for the purpose of tying the Japanese for crimes against peace, war crimes and crimes against humanity.

More recent international court are The International Criminal Tribunal for Rwanda established in 1994 to be completed by 2012 and for the former Yugoslavia established in 1993 to be completed by 2013. These two courts are located at The Hague and are under the umbrella of the United Nations.

In 1945 the International Court of Justice (ICJ) also called the World Court was established by the United Nations to rule on disputes between States. The ICJ, located at The Hague in the Netherlands, does not investigate nor try war criminals or individuals.

In 1998 one hundred and twenty States adopted the Rome Statute forming the basis for the International Criminal Court (ICC). The drive for a permanent international court has long been a goal of the international community and as of 2010 one hundred and eleven States have ratified the Rome Statute. Neither the United States nor Israel have ratified the Rome Statute and it is unlikely that they will do so at any time in the future. The ICC prosecutes individuals for crimes against humanity, war crimes, genocide and crimes of aggression. It does not prosecute States.

The ICC is an independent court also located at The Hague but is not under the authority of the United Nations. However, the UN Security Council can refer cases to the ICC. There are currently cases being pursued by the ICC in the Central African Republic, Kenya, Democratic Republic of Congo, Northern Uganda and Darfur, Sudan.

References:

Coalition for the International Criminal Court

http://www.iccnow.org/?mod=home

International Criminal Court website

http://www.icc-cpi.int/Menus/ICC

Hugo Grotius. (2010, March 17). In Wikipedia, The Free Encyclopedia. Retrieved 03:06, April 15, 2010, from

http://en.wikipedia.org/w/index.php?title=Hugo_Grotius&oldid=350444689

International Criminal Court. (2010, April 12). In Wikipedia, The Free Encyclopedia. Retrieved 03:07, April 15, 2010, from

http://en.wikipedia.org/w/index.php?title=International_Criminal_Court&oldid=355473077

International Military Tribunal for the Far East. (2010, February 27). In Wikipedia, The Free Encyclopedia. Retrieved 03:05, April 15, 2010, from

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