Fighting Impunity: How International Courts Tackle War Crimes

 

Meher Afroz Aneey



War crimes prosecution requires the presence of international courts to establish global justice systems that prevent criminals from being guarded from legal liability. Its activities in the ICC, where it sets up specialized tribunals to investigate and try severe crimes, make it necessary for greater international peace and security and for honor of human rights.

According to its objectives, the court tries crimes against humanity, genocide and war crimes and it is located in the Netherlands, where the Rome Statute was adopted in 1998. The ICC allows it to exercise jurisdiction over perpetrators only when both domestic judicial systems and the state whose law was violated prove incapable of proceeding against offenders, which is called a dual quota. Using its principle of complementarity, the court ensures that anybody responsible for outrageous offences faces consequences without restrictions based on citizenship or geographic location.


Since its foundation, the ICC has succeeded in securing the prosecution of important criminal figures. International criminal law witnessed an important milestone when Congolese warlord Thomas Lubanga received his conviction in 2012 because he had forced child soldiers into combat. The court maintains its dedication to victim justice and acts against impunity in its continuous investigative and trial efforts regarding Sudan, along with Libya and Uganda.
In addition to the ICC, multiple ad hoc tribunals received foundational authority to prosecute specific cases of conflict and atrocities. The tribunals hold limited boundaries regarding both space and time, while their international criminal law work has developed crucial principles. By convicting Bosnian Serb warlord Radovan Karadžić and having other major court successes, the International Criminal Tribunal for Former Yugoslavia reached its greatest height of influence.


In 1994, the International Criminal Tribunal for Rwanda began its work to bring to justice. The tribunal founded by international law established new standards about rape as genocide during its battle for justice against persecution victims. The international courts experience various hurdles, even though they succeed in prosecuting war criminals. The prosecution ability of the courts faces adverse consequences from three main limitations: their restricted jurisdiction in court proceedings, interference from governments and limited financial allocation. Member state nationals and territorial jurisdiction establish the prosecution boundaries of the ICC since these aspects set limits to its investigative functions. States with strong power tend to apply political pressure on international courts, which leads to damage both impartiality and independence of judicial bodies.

The worldwide importance of international courts for global justice continues despite various barriers encountered by them. These judicial bodies reach their goal by charging important criminal actors who serve as an example for the rest of society. Victims obtain access to present testimonies and join legal processes and claim compensation through the creation of these institutions. By developing precedents that serve as a reference for current and future international court cases, these courts create legally enforceable standards that strengthen the international legal system.
International tribunals, comprising the ICC and the specialist tribunals, support essential justice pursuits for worldwide war crime prosecutions. These organisations fight against impunity through their justice pursuit which combines both justice delivery for victims and the establishment of legal rules.

Meher Afroz Aneey 
American International University-Bangladesh (AIUB).


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