24. International Criminal Adjudication Bodies: To What Extent Can They Promote Human Rights Effectively In Post-Conflict Situations?

Abstract

Drawing on the experience of the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the Special Court for Sierra Leone, the Khmer Rouge Tribunal and the International Criminal Court (ICC), this chapter attempts to identify key elements that determine the degree to which international criminal adjudication bodies can effectively break the cycle of impunity and promote human rights in post-conflict situations. It is argued that unless international criminal courts and tribunals meet some key elements, their potential contribution to human rights promotion and protection is likely to remain unfulfilled. The key elements are: establishing a genuine connection with the people, promptness in delivering justice, and striking a balance between peace and justice. Keywords: human rights; ICTY; international criminal adjudication bodies; International Criminal Court (ICC); International Criminal Tribunal for Rwanda (ICTR); Khmer Rouge Tribunal; post-conflict situations; Special Court for Sierra Leone