International Peace and Security and International Criminal Justice

Abstract

In May 1993 the International Criminal Tribunal for the Former Yugoslavia (ICTY) was established by the UN Security Council as a Chapter VII enforcement measure.’ This single act was significant in a number of aspects. First, it was the first time since the International Military Tribunals at Nuremberg and Tokyo that an international institution had been established to prosecute international crimes; and, unlike the post-Second World War Tribunals, the ICTY is more truly international, having been established by the Security Council on behalf of the entire international community. Second, the wholly novel use of Chapter VII powers in this case represented a significant departure from traditional methods of conflict resolution and peacebuilding. As such, it represents perhaps the most obvious manifestation of two related trends that have emerged in the years following the end of the cold war: the reconceptualization of what constitutes a ‘threat to international peace and security’ by the Security Council in the early 1990s; and international involvement in matters which have traditionally been viewed as solely within the purview of the State, such as respect for human rights and justice. Finally, it was the first step toward the emergence of a new post-Westphalian normative standard of international criminal justice.