Article

Only [_] can judge : analyzing which courts have jurisdiction over ISIS

Andrew Solis

• Southern Illinois University law journal, Vol. 40, no. 1, Fall 2015, p. 69-89

English

Photocopies. - Source : https://law.siu.edu/_common/documents/law-journal/articles-2015/fall2015/9%20-%20Solis%20Comment%20Proof%203%20FINAL%20-%20sm.pdf (last accessed on 16.06.2020)

While many world leaders are developing plans to defeat ISIS, some thought should be given to what structures will be in place to manage the aftermath. Defeating ISIS will likely require international cooperation and there will be a need for a judicial structure to try ISIS war criminals that is acceptable to the international community. In preparing for future judicial structures, leaders should consider cost, efficiency, legitimacy, and scope of the desired judicial structure. Past and present international courts provide important case studies for which type of court system would best try ISIS war criminals. Some courts, like the International Criminal Court, have secure international support but very limited practical application. On the other hand, national courts and military tribunals can operate efficiently but require physical control to establish legitimacy and are subject to domestic political control. This comment argues the best option would be an ad hoc international court that operates with strong international support but allows for efficient and neutral prosecution of crimes.

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