The International Criminal Court: Accountability for Violations of International Humanitarian Law and the Challenges of Implementing Criminal Justice

Abstract

Abstract: The need for impartial international criminal justice was not a legal luxury, but rather an imperative dictated by the nature of crimes that threaten international peace and security. However, the reality of international relations, governed by the balance of power and the outcomes of wars, often dictates that criminal justice be conditional upon the will of the victor. Victorious powers often engineer the legal framework for accountability, in accordance with their own visions and standards. The temporary special criminal tribunals established after World War II are the clearest manifestation of this model of justice, which may appear fair on the surface, but is, at its core, tainted by the dominance of politics and considerations of power.