The Impact of the Ad Hoc Tribunals on the International Criminal Court

The Legacy of the Ad Hoc Tribunals in International Criminal Law: Assessing the ICTY's and ICTR's Most Significant Legal Accomplishments (Milena Sterio & Michael Scharf eds., Cambridge University Press 2019)

18 Pages Posted: 4 Mar 2018 Last revised: 13 Apr 2019

See all articles by Stuart Ford

Stuart Ford

University of Illinois at Chicago - UIC John Marshall Law School

Date Written: February 22, 2018

Abstract

The ad hoc tribunals (the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda) played an important role in catalyzing the creation of the International Criminal Court (ICC). First, they demonstrated that international criminal justice was possible, even if it would not be easy. Second, they demonstrated that creating ad hoc tribunals in response to atrocities was not a sustainable solution. The ad hoc tribunals also influenced the shape of the Rome Statute and the drafters of the Rome Statute incorporated many of the features of the ad hocs into it. At the same time, however, the ICC was also a reaction to the ad hoc tribunals and the drafters of the Rome Statute sought to remedy what they perceived as the ad hocs’ flaws. This essay explores these two ideas in more detail: 1) how is the ICC indebted to the ad hocs?; and 2) how is the ICC is a reaction to them?

Keywords: International Criminal Court, ICC, ICTY, ICTR, legacy, ad hoc tribunals, ad hocs

JEL Classification: K33

Suggested Citation

Ford, Stuart, The Impact of the Ad Hoc Tribunals on the International Criminal Court (February 22, 2018). The Legacy of the Ad Hoc Tribunals in International Criminal Law: Assessing the ICTY's and ICTR's Most Significant Legal Accomplishments (Milena Sterio & Michael Scharf eds., Cambridge University Press 2019), Available at SSRN: https://ssrn.com/abstract=3128531 or http://dx.doi.org/10.2139/ssrn.3128531

Stuart Ford (Contact Author)

University of Illinois at Chicago - UIC John Marshall Law School ( email )

300 S. State Street
Chicago, IL 60604
United States

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