The International criminal tribunal for the former Yugoslavia : paving the way for modern international humanitarian law enforcement
Host item entries:
Northern Ireland legal quarterly, Vol. 62, no. 1, Spring 2011, p. 119-136
This paper considers the circumstances giving rise to the establishment of the ICTY, and the criticisms which have been raised in respect to the alleged delays and inactivity. It is contended that, in fact, the criticisms are somewhat unwarranted, as these states were simply endeavouring to deal with genuine practical difficulties confronting them; these were the same difficulties facing their predecessors after both world wars. It is also submitted that, ultimately, these obstacles were effectively overcome and a credible judicial body was created. The value of this institution lies not simply in its own contribution to justice in the region, but in its status as a template for subsequent international humanitarian courts.