Analysis of International Criminal Tribunal Regarding Violation of International Humanitarian Law

Abstract

The prosecution of international crimes is primarily intended to occur at the domestic level, as envisioned by the 1948 Genocide Convention and reinforced by the principle of complementarity under the International Criminal Court (ICC) regime. National courts serve as the primary enforcers of international criminal law, often regarded as preferable to international prosecutions for political, sociological, and practical reasons. However, despite global commitments to preventing atrocities, domestic prosecutions remain sparse, necessitating the creation of international criminal tribunals to address impunity. This chapter examines the legal obligations associated with national prosecutions of international crimes and explores key legal challenges. It also traces the historical development of international criminal justice, highlighting the establishment of ad hoc tribunals, such as the International Criminal Tribunal for the Former Yugoslavia (ICTY), which emerged in response to ongoing atrocities. The discussion underscores the interplay between national and international efforts in ensuring accountability for war crimes and crimes against humanity.