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The pros/cons and the legitimacy of the International Criminal Tribunal in Yugoslavia and Rwanda - Essay Example

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Name: Class: Date: Cons and pros of ICTY & ICTR There is a growing number of theorists who now accept the idea that there exists a “concept of legitimacy” that is crucial on political, legal and ethical research in world affairs. The scholars have continuously challenged this view and argue that legitimacy in global affairs has continuously vanished and states are part of a larger global state that cannot declare utmost legitimacy to political and legal boundaries…
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The pros/cons and the legitimacy of the International Criminal Tribunal in Yugoslavia and Rwanda
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Download file to see previous pages This brings about the tension between world political theorists concerning the advocates of international legitimacy notion. There are arguments that before international community get into a defined political boundary, that has to be clear offer from the international community and the benefits to be achieved in such intervention has to be gauged to allow the exercise to proceed. Idea of legitimacy has been defined in terms such as enhanced order; stability, effectiveness and these are the factors that define a legitimate system of power derived from obligations that the political system has upon its subordinates, and the legitimacy that the subordinates impose on that a political system (Rudolph, 680). Several studies have been done on the issue of international community intervention legitimacy in both Rwanda and Yugoslavia tribunals with different scholars pulling the idea of legitimacy and the suitability of such tribunals in different dimensions. Below is a review of some of these studies that reflect on the suitability such international intervention as argued by different scholars. The study by Barria and Ropper on “how effective are international criminal tribunals? An analysis of the ICTY and the ICTR”, Ropper and Barria argue that the mandate of these tribunals were very narrow and in sometimes these tribunals might not meet the time allocated due to the strictness in the limitation of time factor and the number of crimes that were to be investigated by such tribunals. For example, Barria and Ropper (350), elaborate that the mandate of ICTR was much narrow as compared to the mandate of ICTR in terms of time that was allocated being 1 year, and the number of crimes that the tribunal was allowed to investigate. Barria and Ropper have a view that due to such restrictions in such tribunals it becomes extremely difficult for these tribunals to be effective in meeting their objectives, and the number of people apprehended by such tribunals is seriously lower than expected. Gauging by the seriousness of the atrocities committed in both cases, the low number of apprehension diminishes the deterrent effect of the tribunals (Barria and Ropper, abstract). Considering the ICTY, it was established under the Security Council through resolution 827 that states the mandate of the ICTY as “sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of former Yugoslavia between 1 Jan and 1991and a date that was to be determined by the Security Council upon the Restoration of peace” (Barria and Roper, 354). Article 7(1) of the resolution that established ICTY explains that “a person who instigated, planned, ordered, committed or otherwise aided and abetted in the planning, preparation of execution of a crime shall be individually responsible for the crime” (Barria and Roper, 354). The problem with this resolution was that it was not clear on the level of participation of these persons in these crimes since the resolution does not specify such an extent. The tribunal was also not allowed to give penalties that included death penalties to those found guilty. These were some of the shortcomings that seriously affect eh effectiveness of such a tribunal in meeting its objectives. Likewise ICTR was ...Download file to see next pagesRead More
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