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How effective is International Criminal Law in bringing justice to victims of war crimes?

Cathryn Sambrook

International Criminal Law (ICL) serves as a legal framework to address the issue of war crimes and to ensure that those responsible are held accountable for their actions. Its effectiveness, however, is often debated.

On one hand, ICL has been successful in bringing some high-profile war criminals to justice. The International Criminal Tribunal for the Former Yugoslavia (ICTY), for example, convicted numerous individuals for war crimes committed during the Balkan War. The International Criminal Court (ICC) has also indicted and prosecuted individuals for crimes against humanity and war crimes committed in various countries, such as Sudan, Libya, and the Democratic Republic of Congo.

Moreover, the existence of ICL has created a deterrence effect, making individuals think twice before committing war crimes. The knowledge that crimes will not go unpunished and that justice will eventually be served may serve as a deterrent to prevent such crimes from being committed in the future.

However, some argue that the effectiveness of ICL in bringing justice to victims of war crimes is limited. Firstly, the enforcement of ICL is dependent on the cooperation of states. Not all countries have signed or ratified the international treaties that establish ICL. Thus, not all countries recognize the jurisdiction of the ICC or other tribunals. For example, the United States has not ratified the ICC treaty, making it difficult to prosecute Americans for war crimes committed overseas.

Additionally, the involvement of the international community in enforcing ICL is limited by political interests, particularly in cases where the accused is a high-ranking official of a powerful country. Countries like the United States and Russia have used their veto powers in the United Nations Security Council to block or impede investigations or prosecutions.

Finally, even when war criminals are prosecuted and convicted, the justice delivered may not be satisfactory to the victims and their families. For the families of victims, trial proceedings may not bring back their loved ones, and financial reparations may not suffice for the emotional and psychological trauma they have suffered.

In conclusion, while ICL has been successful in prosecuting some war criminals and creating a deterrence effect, its effectiveness is limited by the political interests of states and the difficulty of enforcing international law in domestic courts. Moreover, the satisfaction delivered to victims and their families may be insufficient. Therefore, ICL needs to be continuously reviewed and strengthened to ensure the delivery of justice to victims of war crimes.