Post Authored By: Teresa Dettloff
The United Nations
The United Nations was founded in 1945 after World War II.[1] The United Nations has grown today to encompass many organs that address a wide variety of issues, ranging from food security, human rights, the environment, and war crimes. An important function of the United Nations is prosecutorial work through various sub-groups that brings charges of war crimes and crimes against humanity.
The ICC, ICJ, and Criminal Tribunals
The ICC, or International Criminal Court, has jurisdiction over cases involving war crimes and crimes against humanity.[2] The ICC is separate from the UN, but the two organizations work closely together given their similar goals.[3] The ICC is governed by the Rome Statute, a treaty that was originally negotiated within the UN.[4] The UN Security Council can also refer matters to the ICC.[5]
The ICJ, or International Court of Justice, is housed inside the Peace Palace in The Hague. It was founded in 1946 and has jurisdiction over dispute settlement, including disputes between states pertaining to economic rights, asylum, and non-use of force, to name a few.[6] While the ICJ does not prosecute criminal offenses of war crimes and crimes against humanity, it does address disputes between nation-states that may be tangentially related to armed conflict.
The United Nations also has several criminal tribunals that were formed to specifically address conflicts that have occurred throughout history. The most commonly known tribunals include the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the Former Yugoslavia (ICTY). Both tribunals are located in The Hague and were established by UN Security Council resolutions.[7] These tribunals address atrocities that occurred over a specific period of time in the context of armed conflict. Both of these tribunals are now formally closed, and the UN Mechanism for International Criminal Tribunals (MICT) oversees unfinished work related to these tribunals. The UN also has several other criminal tribunals that have prosecuted war crimes and crimes against humanity over the years, including the International Military Tribunal for Germany, the Special Court for Sierra Leone, and the Special Tribunal for Lebanon.[8]
Why it Matters
The UN criminal tribunals, and other international courts, have jurisdictions that often reach beyond the capabilities of domestic legal systems, particularly in post-conflict countries. Further, the tribunals have contributed to developing caselaw to address novel legal issues in international law. These tribunals have an important role to play in addressing conflict and developing caselaw dealing with issues pertaining to war crimes and crimes against humanity.
[1] History of the United Nations, United Nations, https://www.un.org/en/about-us/history-of-the-un (last visited Sep. 3, 2021).
[2] International Law and Justice, United Nations, https://www.un.org/en/global-issues/international-law-and-justice (last visited Sep. 3, 2021).
[3] Id.
[4] UN Documentation: International Law, Dag Hammarskjold Library, https://research.un.org/en/docs/law/courts (last visited Sep. 3, 2021).
[5] Id.
[6] International Law and Justice, United Nations, https://www.un.org/en/global-issues/international-law-and-justice (last visited Sep. 3, 2021).
[7] UN Documentation: International Law, Dag Hammarskjold Library, https://research.un.org/en/docs/law/courts (last visited Sep. 3, 2021).
[8] Internationalized Criminal Tribunals, International Justice Resource Center, https://ijrcenter.org/international-criminal-law/internationalized-criminal-tribunals/ (last visited Sep. 3, 2021).
About the Author:
Teresa Detloff practices law in Chicago, Illinois and is a graduate of Loyola University Chicago School of Law, where she served as a lead article editor for the law journal. She is also a member of the United Nations Association Chicago Chapter.