On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law Antonio Cassese1 Full text available: PDF format * Abstract This article focuses on the problems of, and prospects for, the enforcement of international humanitarian law through the prosecution and punishment of individuals accused of violations of international humanitarian law by international or national tribunals. The author first examines the factors that historically prevented the development of international tribunals and then looks at recent events, namely the end of the Cold War and the subsequent unleashing of unparalleled forces of nationalism and fundamentalism in different parts of the world, which have created an increased willingness on the part of states to institute mechanisms, both at the international and domestic levels, for international criminal justice. With the establishment of the ad hoc International Criminal Tribunals for the former Yugoslavia and for Rwanda, the enforcement of international humanitarian law has moved into a new and more effective phase. Yet, the clear merits of individual criminal prosecution by international tribunals cannot simply override the very real problems and obstacles they face. The author examines these problems, arguing that state sovereignty is a major obstacle to the effective enforcement of international criminal justice. Nevertheless, the author concludes that justice can be done at the international level and that international criminal tribunals are vital in the struggle to uphold the rule of law. * The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems. 1. Presiding Judge, Trial Chamber II, International Criminal Tribunal for the Former Yugoslavia, The Hague, The Netherlands; former President of the Tribunal (1993-1997); Associé of the Institut de Droit International. ICTFY, Churchillplein, 1, P.O. Box 13888, 2501 EW The Hague, The Netherlands. The opinions expressed in this paper are personal to the author and in no way engage the Tribunal. The invaluable assistance of Kathleen Lawand and Suzannah Linton is gratefully acknowledged.
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