Completion Strategy in ICTY and ICTR Analytical Essay by Nicky

An analysis of the function of the International Criminal Tribunal of Yugoslavia (ICTY), the International Criminal Tribunal of Rwanda (ICTR), and the International Criminal Court (ICC).
# 146311 | 4,700 words | 16 sources | APA | 2010 | US


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Description:

This paper focuses on the operation and utility of three world criminal tribunals. The paper explains that a combination of political and criminal activities in the international arena, and the inability or unwillingness of local governments to handle these at the time, have inspired the creation of entities such as the International Criminal Tribunal of Yugoslavia (ICTY), the International Criminal Tribunal of Rwanda (ICTR), and the International Criminal Court (ICC). The paper asserts that, while the principle behind the ICTY and ICTR is valid and even noble under the right circumstances, the effectiveness of the completion strategy has been under increasing debate. The paper adds that critics have gone as far as stating that the strategy is not only flawed, but risks undermining the very purpose and legacy of these institutions. The paper opines that, as many states still languish under non-democratic and tyrannical systems of government, it is therefore vital that the power of these be held in check by the global justice system. The paper concludes that the completion strategy can be successful; however, certain conditions need to be in place, two of which the most important include obtaining the necessary funding and establishing a permanent global justice system.

Outline:
Introduction
The Completion Strategy: Success or Failure?
Flaws in the Completion Strategy
Positive Criticism
Possibilities for Action
Conclusion
References

From the Paper:

"In terms of its specific functions, the ICTY focuses its prosecuting attentions on the senior leaders suspected of involvement in crimes. Cases against leaders at lower levels are transferred to national jurisdictions that have proved themselves competent in handling such cases. The domestic criminal procedure is also no longer entirely overseen by the Tribunal, and courts are allowed to initiate cases where this appears to be necessary, and without the involvement of the ICTY. Indeed, one of the purposes of the completion strategy is the strengthening of the local justice system, and this appears to be well underway, with war crimes prosecutions being conducted on the local level in Bosnia, Serbia and Croatia (UN ICTY, 2008). In order to ensure the success of such implementations, the ICTY functions in a counseling capacity for lawyers and relevant professionals at the local level. This is done via training programs and other such strategies. Furthermore, electronic databases and archives are made available to national institutions in order to ensure the smooth transition to the domestic environment. In this light, it can be said that the ICTY completion strategy has been a relative success. As indicated, not all critics agree with such an assessment."

Sample of Sources Used:

  • Bellinger, John B. 2008, Nov. 14. U.S. Perspectives on International Criminal Justice. http://www.state.gov/s/l/rls/111859.htm
  • Belczyk, Jaclyn. 2008, Dec. 19. ICTY may have to remain open two more years: prosecutor. Paper Chase Newsburst. http://jurist.law.pitt.edu/paperchase/2008/12/icty-may-have-to-remain-open-two-more.php
  • Citizens for Global Solutions. 2008. International Criminal Court: An Overview. http://www.globalsolutions.org/issues/international_criminal_court
  • Coalition for the International Criminal Court. 2008. http://www.iccnow.org/
  • Dicker, Richard. 2004, June 27. Deadlines for the Tribunals for the Former Yugoslavia and Rwanda Must Be Flexible. A Letter to the U.N. Security Council. http://www.hrw.org/en/news/2004/06/27/deadlines-tribunals-former-yugoslavia-and-rwanda-must-be-flexible

Cite this Analytical Essay:

APA Format

Completion Strategy in ICTY and ICTR (2010, December 25) Retrieved April 22, 2021, from https://www.academon.com/analytical-essay/completion-strategy-in-icty-and-ictr-146311/

MLA Format

"Completion Strategy in ICTY and ICTR" 25 December 2010. Web. 22 April. 2021. <https://www.academon.com/analytical-essay/completion-strategy-in-icty-and-ictr-146311/>

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