INTERNATIONAL criminal TRIBUNALS

The International Military Tribunal (IMT) Nuremberg started on 20 November 1945, six and a half months after the German surrender. The Allied Forces (US, UK, Soviet Union and France) established the tribunal in order to try political, military, diplomatic and economic leaders of Nazi Germany. However, some key nazi's were not indicted as a result of suicide, while others were deemed unfit for trial, deceased before being tried or managed to escape justice. 

On 1 October 1946 the judges gave their verdict. The IMT also declared four organizations to be criminal, namely the Leadership Corps of the Nazi Party, the SS, the SD and the Gestapo.

The IMT Nuremberg laid an important foundation for today’s international criminal justice system as the first international criminal tribunal.

The International Military Tribunal for the Far East (IMTFE) or Tokyo War Crimes Tribunal, was established by  the allied forces in Japan. It started its proceedings on 29 April 1946, trying the leadership of the Empire of Japan for war crimes committed during World War II. In total 28 leaders were indicted.

 As a result of the Tokyo Trials, war crimes in China were revealed, including the Nanking Massacre and the unconventional narcotics and bacteriological warfare.

The Emperor and his family were never indicted. The IMTFE was operational for two and a half years. On 12 November 1948, the IMTFE adjourned.

On 25 May 1993 the United Nations Security Council established the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY), to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former yugoslavia since 1991. As such, the ICTY was the first war crimes court created by the UN and the first international war crimes tribunal since the Nuremberg and Tokyo tribunals. The tribunal was located in The Hague. 

Some highligts:

- the Tribunal has shown that an individual’s senior position can no longer protect them from prosecution;

- it proved that the mass murder in Srebrenica was genocide;

- the Tribunal has investigated and brought charges against persons from every ethnic background.

The ICTY was called upon to finish its work by 31 December 2014 and formally closed in December 2017. The Tribunal's remaining judicial work rests with the  International Residual Mechanism for International Criminal Tribunals. 

The permanent International Criminal Court (ICC) started on 1 July 2002 and is dedicated to court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. Its jurisdiction derives from the Rome Statute, which was adopted by 120 states on 17 July 1998 and ratified by 60 countries on 1 July 2002.  Currently, the ICC has 123 Member States. The ICC is an independent organisation based in The Hague, city of peace, justice and security

The ICC can prosecute individuals for the following core international crimes:

- genocide;

- crimes against humanity;

- war crimes;

- the crime of aggression.

The ICC  is intended to complement national judicial systems as it  may only exercise its jurisdiction when for instance  national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer situations to the Court.