International law was traditionally defined as the law applicable to states in their mutual relations. International tribunals have long existed for the settlement of disputes between states. The individual as a focus of international law, and as a subject of international tribunals is a more recent phenomenon. Prior to Nuremberg, individual responsibility for international crimes such as piracy was exclusively determined by national institutions exercising sovereign authority. What made piracy an "international crime" was the fact that any state that gained custody of the perpetrator could try him, regardless of his or the victims' nationality, or of the place of the crime. This concept, now known as universal jurisdiction, has been more recently applied to genocide, certain war crimes and crimes against humanity.

Nuremberg was an ad hoc criminal tribunal established by World War II's victorious allies. Since Nuremberg, the United Nations has had a lead role in the establishment of international institutions designed to determine criminal responsibility. The international criminal tribunals for former Yugoslavia (ICTY) and for Rwanda (ICTR) were established by the Security Council to punish violations of international law during the Yugoslavia conflict and the Rwanda genocide of the 1990s. The UN also administers the domestic criminal justice system of Kosovo. Sierra Leone and the UN have recently concluded an agreement to establish a Special Court to prosecute violations of both international and domestic crimes committed during the recent conflict there. A similar tribunal for prosecution of Khmer Rouge era crimes in Cambodia is currently under negotiation (see Ad hoc tribunals).

The newly established International Criminal Court (ICC) was created outside of the UN system. This permanent institution, established by international treaty, will complement national jurisdictions that are unable or unwilling to bring to justice the perpetrators of genocide, war crimes and crimes against humanity.

The trend toward internationalization of individual responsibility for certain heinous crimes reflects the unfortunate fact that states often fail to bring perpetrators to justice. As the guardian of international humanitarian law, the ICRC supports efforts to end impunity for such crimes and is keenly interested in the establishment and jurisprudence of international criminal tribunals. This section attempts to cover the important cases and developments of international criminal justice.

See also : National implementation of international humanitarian law: Penal repression

Related links

United Nations International Law International Criminal Court International Criminal Tribunal for the Former Yugoslavia International Criminal Tribunal for Rwanda

Others Coalition for the International Criminal Court International Court of Justice Trial Watch (Track Impunity Always)