Judging Wars: The International Politics of Humanitarian Adjudication

Abstract

The past sixty years witnessed a global proliferation of international courts and tribunals of almost all sizes and purposes. Today, they play important roles in international governance by handing down decisions in compelling areas ranging from global trade to environmental protection. In the past two decades, their reach has even extended into the realm of armed conflict and humanitarian policy. However, unlike domestic courts, international tribunals lack centralized enforcement mechanisms. Does this follow the classical assumption that they are merely toothless tigers and instruments to further state interest? This paper attempts to dissect the under-theorized and complex activity of international humanitarian adjudication. It seeks to understand how the judging of war crimes differs from judicial policy-making in other less controversial areas. It contends that even though states retain significant influence over the behavior of international humanitarian courts, the latter are not entirely irrelevant in contemporary international affairs. The establishment of two ad hoc UN tribunals and the recent inauguration of the International Criminal Court provide researchers with important case studies to test these propositions.

Keywords: international humanitarian law, international courts, international relations