Universal Jurisdiction

From Temporary Tribunals to the International Criminal Court The adjudication of human rights crimes has undergone a significant transformation over the past century, evolving from temporary, single-use tribunals to the establishment of a permanent international criminal court. This evolution reflects the international community’s growing commitment to accountability, justice, and the rule of law in addressing atrocities such as genocide, war crimes, and crimes against humanity. The Era of Temporary Tribunals The modern history of prosecuting human rights crimes began after World War II with the establishment of the Nuremberg and Tokyo Tribunals. These ad hoc tribunals were created by the victorious Allied powers to hold Axis leaders accountable for war crimes, crimes against peace, and crimes against humanity committed during the war. The Nuremberg Trials (1945–1946) and the Tokyo Trials (1946–1948) were groundbreaking in that they established the principle that individuals, including heads of state, could be held personally responsible for violations of international law. However, these tribunals were criticized for being “victor’s justice,” as they only addressed crimes committed by the defeated powers. Moreover, they were temporary and lacked a broader framework for addressing future atrocities. Despite their limitations, they laid the groundwork for the development of international criminal law. In the 1990s, the international community once again turned to ad hoc tribunals in response to the atrocities committed during the conflicts in the former Yugoslavia and Rwanda. The International Criminal Tribunal for the former Yugoslavia (ICTY, established in 1993) and the International Criminal Tribunal for Rwanda (ICTR, established […]