A Critique of the Yugoslavia War Crimes Tribunal

It is ironic that history has not been altogether kind to the Nuremberg Tribunal, labeling it victor's justice, denouncing its application of ex post facto law, and rebuking its procedural shortcomings. Fifty years later, the world community has created another war crimes tribunal - the International Criminal Tribunal for the Former Yugoslavia. In its first annual report, this new Tribunal stated that one can discern in the statute and the rules a conscious effort to avoid some of the often-mentioned flaws of Nuremberg and Tokyo. Because it will serve as the model for future ad hoc tribunals and a permanent international criminal court, the Yugoslav Tribunal has recognized that to achieve success it must not only be fair, but be seen as fair - a goal it has only partially achieved thus far.