Characterize the role of ICTY in developing international criminal law - Coursework Example

The Role of ICTY in Developing International Criminal Law The Role of ICTY in Developing International Criminal LawIntroductionUnited Nations established the International Criminal Tribunal for the Former Yugoslavia (ICTY) in response to the war that broke out in Bosnia and Herzegovina in 1993. There was mass-scale massacre and violence that resulted in international protest represented by the images of devastated towns and emaciated detainees in camps. The international community was forced to take the initiative in order to provide justice to the war victims that resulted in the formation of international criminal justice tribunal at the end of Second World War1.

The purpose of this paper is to analyze the role of International Criminal Tribunal for the Former Yugoslavia (ICTY).A few years ago the concept of the establishment of international war crime tribunal seemed unrealistic but now ad hoc tribunals for former Yugoslavia and Rwanda have been established and the development of permanent international criminal court (ICC) is expected soon2. This paper will analyze the role of International Criminal Tribunal for the Former Yugoslavia (ICTY). ICTY was formed under chapter VII of the UN Charter.

Under article 39 of the Charter, the Security Council found threat to the international peace and security therefore it was decided to establish a subsidiary unit that assures law enforcement to maintain security and peace internationally under article 7(2) and 41. The tribunal operates independently of political and Security Council considerations3. Role of ICTYThe United Nations set up ICTY for prosecuting those who were held responsible for committing serious crimes during the war in the former Yugoslavia and put perpetrators on trial for their actions.

The purpose of establishing ICTY was to deter military and civil officers in the former Yugoslavia from committing more violent incidents. It was also intended to give a message internationally that those who attempted crimes would meet justice4. The international criminal tribunal (ICTY) was meant to maintain security and peace internationally. Case studies from Yugoslavia, Cambodia, and Rwanda showed that international tribunals have significantly contributed towards the international law and retributive justice.

It can further help in reconciliation in other forms of justice and establishing peace. The impact of ICTY on the local public protest also signifies the disparity between local and international perspectives on justice. In Nuremberg and Tokyo practice of the victors’ justice, the role of ICTY has been very significant. It is also asserted that the practice of ICTY is and will continue to be integral to the interpretation of humanitarian law. The international law is usually composed of multilateral negotiations that are articulated in an ambiguous manner.

ICTY’s interpretation of command plays a significant role in preventing unacceptable behaviors and atrocities in wars. The tribunal has also increased significant academic and professional interests in the humanitarian law5.ConclusionResearch reveals that the role of International Criminal Tribunal for the Former Yugoslavia (ICTY) has been considerably important in controlling the crimes associated with wars and maintaining international law. The ad hoc system of ICTY was significant in preventing the atrocities and providing justice to the culprits involved in the massacre.

ICTY is advancing towards permanent system to more efficient control and establishment of justice in international law.