Enhancing the Role of International Criminal Tribunals in Post-Conflict Societies

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Enhancing the Role of International Criminal Tribunals in Post-conflict Societies
The end of an armed conflict does not necessarily mean the end of human rights abuses. In many cases, victims continue to suffer from the trauma inflicted upon them, and perpetrators of the abuses may go unpunished. This lack of accountability can create a culture of impunity that undermines the prospects for lasting peace and stability. In response to this challenge, the international community has established several mechanisms to promote accountability for human rights abuses committed during and after armed conflicts, including international criminal tribunals. While international criminal tribunals have played a significant role in prosecuting perpetrators of human rights abuses in post-conflict societies, their selective prosecution and failure to provide effective transitional justice have been criticized.[Eirin Mobekk, Transitional Justice in Post-Conflict Societies–Approaches to Reconciliation, 2005, 15.]
This paper will examine the role of international criminal tribunals in post-conflict societies and the major critique of the processes. The paper will begin with an overview of international criminal law and the nature of post-conflict societies. It will then review the role of international criminal tribunals in post-conflict societies. The paper will examine the critiques of international criminal tribunals and will offer recommendations for improving the effectiveness of these tribunals in post-conflict societies. The paper is significant because it provides insight into the effectiveness of international criminal tribunals in post-conflict societies. This understanding is critical for policymakers, civil society organizations, and scholars who are interested in promoting human rights, justice, and lasting peace in post-conflict societies.
Theoretical Background
International Criminal Law
Public international law is a body of legal principles, rules, and norms that govern the relationships between states, international organizations, and other actors in the international community. It encompasses a wide range of issues, including the use of force, human rights, trade, investment, the environment, and the law of the sea, among others. Public international law is based on the consent of states and operates within a framework of international agreements, conventions, and customary international law. International criminal law is a branch of public international law.[Kenneth Anderson, "The rise of international criminal law: Intended and unintended consequences," European Journal of International Law, vol, 20, no. 2, 2009, p.333.]
While international law mainly deals with the relationship among states, international criminal law deals with the prosecution and punishment of individuals who have committed international crimes. International criminal law is based on the principles of individual criminal responsibility and the idea that certain crimes are so serious that they cannot be dealt with solely by domestic criminal law systems. The concept of individual criminal responsibility means that individuals, rather than states, can be held criminally liable for international cr...