RESEARCH PROPOSAL

Title:

ASSESSMENT OF THE EFFECTIVENESS OF INTERNATIONAL COURTS AND

TRIBUNALS IN IMPLEMENTNG INTERNATIONAL LAW RULES

by

Name: MELANIA HALL

Student Number: 201913808

A mini-dissertation for the requirements

of
Legal Research Methodology (LRM 302E)
Batchelor of Laws (LLB)
 Abstract

Currently, international law affects almost every element of our lives. At the same time, there
are frequent reminders that not all governments, organizations, or individuals always follow
the principles of international law or fulfill all of their commitments. Human rights abuses,
commercial law violations, and the law of armed conflict infractions are all too prevalent in
international law. As a result, the number of international courts and tribunals has increased
significantly, as has the scope of their jurisdictions. Without a question, these events have had
and will continue to have an impact on the domains of international law and international
relations. The establishment and operation of international judicial bodies capable of
enforcing international commitments, interpreting international treaties, and resolving
international conflicts have aided the development of international legal norms and
cooperative regimes that now govern key areas of international law and politics such as
economic relations, human rights, and armed conflicts. International courts are autonomous
judicial entities empowered with the jurisdiction to apply international law to specific matters
brought before them by an international instrument. This increased centrality of international
courts in international relations has propelled a critical assessment of their performance. The
key questions about these courts and tribunals are whether they serve as effective tools for
international governance, whether they fulfill the expectations that have led to their creation
and empowerment, and whether they improve compliance with international norms. This
discussion paper will thus focus on the extent to which these bodies have been effective in
implementing international law rules and ensuring that international law objectives are
observed across different states.

2
Contents
1.1 INTRODUCTION..............................................................................................................4
1.2 BACKGROUND OF STUDY........................................................................................4
1.3 STATEMENT OF RESEARCH PROBLEM............................................................10
1.4 RESEARCH AIM/OBJECTIVE................................................................................11
1.5 RESEARCH QUESTIONS..........................................................................................11
1.6 LITERATURE REVIEW............................................................................................11
1.7 RESEARCH METHODOLOGY................................................................................14
1.8 LIMITATIONS.............................................................................................................15
1.9 CHAPTER OUTLINE.................................................................................................15
BIBLIOGRAPHY...............................................................................................................16

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1.1 INTRODUCTION
States have been compelled to create international courts and tribunals due to the growing
specialization and fragmentation of international law. 1 These international courts are
autonomous judicial institutions with the power to apply international law to matters referred
to them by an international agreement. 2 Over the past two centuries, international courts and
tribunals have become key players in the international legal order. However, their
performance has been scrutinized because of the increased importance of international courts
in international relations.3 The subject matter surrounding these courts and tribunals is
whether they are effective tools for international governance, whether they satisfy the
demands that contributed to their establishment and whether they improve compliance with
international norms. On the one hand, such courts and tribunals can be perceived as potential
tools to advance shared international interests in developing and promoting the rule of law,
ensuring justice and accountability, and resolving legal disputes. 4 The starting point for
examining the effectiveness of any institution must be the identification of the goals against
which effectiveness is measured.

1.2 BACKGROUND OF STUDY

To begin with, intergovernmental claims commissions, ad hoc interstate arbitration, standing
international courts, international criminal courts, international administrative tribunals,
regional human rights courts, the WTO dispute settlement system, and investment arbitration
tribunals are the major types of international courts and tribunals. 5 However, the work of the
International Criminal Court (ICC) and the International Court of Justice (ICJ), which is
tasked with resolving interstate disputes and offering legal advice to the main UN organs and
specialized agencies, will also be discussed.6 The International Criminal Tribunal for Rwanda
(ICTR) and the International Criminal Tribunal for the Former Yugoslavia (ICTY) are the
tribunals of interest. The primary study issue is whether or not United Nations courts and
tribunals have been successful in carrying out their mandate. 7 These selected ICs have dealt
extensively with specific issues and aspects of State responsibility and individual criminal

1
Steinberg: Assessing the Legacy of the ICTY 2011.
2
Alvarez, "International Organisations and the Rule of Law" 2016 NZJPIL.
3
O'Brien “The International Tribunal for Violations of International Humanitarian Law in the Former
Yugoslavia” https://www.jstor.org/stable/2203622 (accessed 25-08-2022).
4
Mills: The Confluence of Public and Private International Law: Justice, Pluralism and Subsidiarity in the
International Constitutional Ordering of Private Law (2009).
5
Feichtner: The Law and Politics of WTO Waivers: Stability and Flexibility in Public International Law (2011)
6
Ibid.
7
Croket Sophie, “Are International Courts Effective?” https://www.e-ir.info/2011/11/27/are-international-
courts-effective/ (accessed 07-10-2022).

4
responsibility for mass atrocity crimes which present a threat to international peace and
security.8

Although the UN Charter does not enforce any hierarchy or preference among the various
methods of resolving international disputes, it does establish a clear connection between
judicial resolution and the defense of a significant community interest enshrined in the UN
Charter, namely the preservation or restoration of peace. The Statutes have an express or
implied legal foundation for promoting peace. 9The world's leaders and citizens have a unique
chance to carefully consider both their actions and the atrocities committed by their soldiers
and agents thanks to the international courts and tribunals. Without these forums, there would
be no way to guarantee that the planners and perpetrators of genocide and other war crimes
get fair punishment. However, although being considered as essential for preserving
international peace and security following a disagreement, it now appears that prosecutions
carried out by these tribunals are insufficient to cope with state crimes because legal
responses are invariably brittle and weak. 10

The main argument used against these forums is that those who head violent activities, such
as Osama Bin Laden, are never made to answer for their deeds in court or before a tribunal.
When compared to trials of the perpetrators of the crimes, most war crimes tribunals focus on
middle-ranking officers, soldiers, and politicians and are therefore less successful. 11 The fact
that international courts and tribunals do not address the causes of the conflict is another
criticism levelled against them. Particularly in multi-ethnic communities, tribunals can
occasionally make conflicts worse. These forums could seem to these multi-ethnic groups
more like a trial against their ethnicity than just against one member of their community. As a
result, this has caused a loophole in the international legal system, allowing some regimes to
plan international crimes like genocide and other war crimes that constitute a flagrant
violation of human rights.12

8
Zyberi “The Role and Contribution of International Courts in Furthering Peace as an Essential Community
Interest” 2015.
9
Devitt“Justice And Peace: The Role of International Tribunals in Transitional Justice” 2012.
10
https://dublinlpr.ie/2021/02/08/humanitarian-intervention-vs-international-courts-and-tribunals-which-is-
more-effective-at-protecting-human (accessed 25-08-2022).
11
Johnson “UN-Based International Criminal Tribunals: How they mix and match” 2007, DJILP 277.
12
McMorran “International War Crimes
Tribunals”.https://www.beyondintractability.org/essay/int_war_crime_tribunals (accessed 25-05-2022).

5
Yugoslavia and Rwanda experienced violent conflicts in the 1990s that included grave
violations of international humanitarian law.13 The United Nations Security Council declared
itself authorized to take action after concluding that the infractions committed constituted
dangers to global peace and security. As a means of enforcing the provisions of Chapter VII
of the United Nations Charter, it established international special courts known as ad hoc
tribunals for the prosecution of criminals in Yugoslavia and Rwanda. Tribunals have existed
since the 18th century, but their expansion is mostly credited to the development of the
welfare state beginning in the 1900s, when the government passed a number of Acts of
legislation.14 Although these acts of government were essential to the growth of the state, they
also gave rise to a significant number of conflicts that the courts were unable to resolve
because of the complexity of the relevant legislation, the nature of the issues at hand, and the
weight of the caseload. As a result, tribunals became more popular as a different way to
resolve conflicts and provide access to justice for people.

The International Criminal Court (ICC) is a Court that was established in 2002 under the
terms of the Rome Statute.15 The Court is well staffed with eighteen judges, a prosecutor and
a branch known as the registry. However, the existence of the Court is not in itself a
guarantee that gross human rights violations will come to an end. 16 As a result, it was
determined that the nomination of three originating entities namely, the state parties, the
Security Council, and the ICC Prosecutor was the most effective way to advance and support
the Court's objectives. These organizations would complement one another while also acting
as a check on one another to prevent any of them from dominating the Court's goodwill. 17
The Rome Statute established pertinent Articles that contain legal provisions that serve as a
guideline on the functions of the Court and enabled referrals in order to aid in putting an end
to flagrant human rights breaches. Mass killings that occurred in the former Yugoslavia and
the Rwandan genocide serve as examples of grave human rights breaches. But for the ICC to
have jurisdiction over the accused, the Court must abide by a few provisions of the Rome
Statute, specifically Article 5, which states that the Court can only have jurisdiction over a
person if that person is suspected of committing genocide, war crimes, or crimes against

13
De Lancer Julnes “Productivity and Effectiveness in Encyclopedia of Public Administration and Public
Policy” 2011.
14
“Tribunal Procedures Effectiveness to Justice” https://www.lawteacher.net/free-law-essays/constitutional-
law/tribunal-procedures-effectiveness-to-justice-constitutional-law-essay.php?vref=1 (accessed 07-10-2022).
15
O'Brien “The International Tribunal for Violations of International Humanitarian Law in the Former
Yugoslavia” 1993 TAJIL 648.
16
Hurd “International Organizations: Politics, Law, Practice” 2011 NCUP 217.
17
Partan “Introduction: Increasing the Effectiveness of the International Court” (1977) HILJ 559.

6
humanity, the crime must have been committed on the territory of a state party, or the
accused must be a citizen of a state party.18

The ICC's purpose is to bring about justice and bring those responsible for crimes against
humanity, including genocide, to justice. However, many countries only use this court as a
last resort and only in cases when their domestic legal systems are unable to bring charges. 19
The Court has other additional restrictions that could fuel an argument against its continued
existence. The court only has jurisdiction over crimes committed in territories that have
ratified the treaty and only by citizens of such states, and it is only permitted to handle cases
or crimes that were committed after July 1, 2002. 20 Only if the matter is brought to it by the
UN Security Council can the ICC take action when the crime is committed outside of a state
that has ratified the Rome Statute. It is already evident that when not all states are
participating, the cases that the ICC might pursue could be biased. Since only matters that
have been referred to prosecutors by ratified parties or the UN Security Council are heard by
the court, its operation might potentially be viewed as ineffective. This also implies that the
justices of the court may only be chosen by ratified states. 21 The main contention is that
tribunals must live up to the standards set out by their creators. Tribunals were frequently
expected to perform a variety of overlapping and occasionally conflicting tasks. This
indicates that the tribunal's organizational design made it impossible for it to function
properly from the start. A conflict could arise between these two goals, for instance, if a
tribunal is required to assure the full and final resolution of all the problems it hears as well as
to settle disputes quickly.

The International Criminal Court works for justice because it believes that every person has,
unalienable rights. Criminals should be prosecuted and stopped when they endanger these
liberties and disrupt civilian life. Despite the ICC's efforts to address punishment, restorative
justice a type of justice that promotes peace after criminal prosecution has not been
successfully established.22 The ICC instead employs retributive justice, where the emphasis is
on apprehending and imprisoning the offender. To stop significant international crimes from
18
Goodman “The Effectiveness of the International Criminal Court: Challenges and Pathways for Prosecuting
Human Rights Violations” http://www.inquiriesjournal.com/articles/1806/the-effectiveness-of-the-international-
criminal-court-challenges-and-pathways-for-prosecuting-human-rights-violations (accessed 28-08-2022).
19
Guzman “International Tribunals: A Rational Choice Analysis” 2008 UPLR.
20
Ogbodo “An Overview of the Challenges Facing the International Court of Justice in the 21st Century” 2012.
21
Sahai “The International Criminal Court: Effective or Not” https://theowp.org/the-international-criminal-
court-effective-or-not/ (accessed 01-09-2022).
22
Devitt “Justice and Peace: The Role of International Tribunals in Transitional Justice”
https://www.e-ir.info/2012/01/24/justice-and-peace-the-role-of-international-tribunals-in-transitional-justice/
(accessed 25-05-2022).

7
happening again, it is crucial to bring those responsible to justice. However, restorative
justice must also be used to protect victims of crimes against humanity and bring about peace.
The court makes it clear that it only serves a judicial function and that no group has agreed to
take on the equally significant political and peacekeeping functions. The ICC is unable to
even accomplish its main objectives, which include putting an end to impunity, preventing
the commission of serious international crimes, and promoting world peace.23

Numerous significant insights on the variables that potentially account for either greater or
decreased court effectiveness can be found in the rapidly expanding body of legal research
24
discussing the efficacy of international courts. To support claims of the effectiveness or
ineffectiveness of the legal system, this literature also provides some empirical evidence. The
use of flimsy or intuitive definitions of efficacy, which frequently link effectiveness with
adherence to court rulings, usage rates, or influence on state behavior. As Shany has shown, it
can be difficult to evaluate the efficiency of public organizations like courts since their
objectives are frequently vague and the public goods they produce, like justice, peace, and
legal certainty, are difficult to measure.25

Individuals being punished for transnational crimes is nothing new. History records the
creation of the International Military Tribunal (IMT) by the winning nations after World War
II to try Nazi criminals from Germany as one of the earlier endeavors. 26 In the Far East,
military commissions and the International Military Tribunal for the Far East (IMTFE) both
prosecuted other cases. Some of the legal precedents that these tribunals established helped
the ad hoc tribunals. The UNSC's binding resolutions created the ICTY and ICTR as
alternatives to using force to carry out its fundamental purpose of restoring and upholding
global peace and security. Therefore, the decision to create ad hoc tribunals was ultimately
political with some legal ramifications. The tribunals' work has now created a strong
foundation for future international criminal institutions. The endeavor also provides
opportunities to fill up the gaps that the tribunals left behind. 27 Ad hoc tribunals must be

23
Buckley “The Good Intentions of Law: Effectiveness of the International Criminal Court in Deterring Future
International Crimes” 2013.
24
Barria “How Effective are International Criminal Tribunals? An Analysis of the ICTY and the ICTY” 2005
TIJHR 360.
25
Masoud "The Effectiveness of International Law in Revolving International Armed Conflicts" (2019) JLPG
119.
26
Mutabazi The United Nations ad hoc Tribunals’ effectiveness in prosecuting international crimes (LLD-
thesis, UNISA, 2014) 256.
27
Ibid.

8
evaluated while taking in mind the circumstances surrounding their establishment. The
feasibility and clarity of the tribunals' goals and objectives must be determined.

It might be challenging to discuss over how ICs contribute to peace because the idea of peace
can be interpreted in a variety of ways. Peace can be used in limiting or expansive ways, just
like any other term.28 The court's work has been tainted by procedural and substantive errors,
which have caused protracted delays and frustration. The ICC has launched formal
investigations into 28 of the worst atrocities in its ten years of operation and has prosecuted a
few of the alleged offenders. But as John Bellinger recently pointed out in the Washington
Post, it has only finished one, raising questions about the court's competence.29

The work of Ad hoc tribunals is thought to have laid the foundation for the growth of
international criminal law. The work of the tribunals has now established a solid framework
for upcoming international criminal institutions. Additionally, the endeavor creates chances
to close the gaps the tribunals left behind.30 Therefore, the word effectiveness was specifically
chosen for the title of this study to encompass all kinds of victories and setbacks that the ad
hoc tribunals faced. Ad hoc tribunals need to be assessed while keeping in mind how and
why they were created. It is necessary to look into whether the tribunals' goals and objectives
are realistic and clear. It is worth noting that it is difficult to prosecute grave breaches of
international humanitarian law through temporary international tribunals. International crimes
take place on vast sizes, cover a big geographic area, and involve many offenders. They have
too many victims for us to count them all. 31 It becomes difficult to look into, prosecute, and
assign blame to those who are thought to be at fault. It is necessary to look through and put
together a full apparatus of different legal and non-legal tools from a normative, institutional,
functional, and judicial perspective. This also applies to acceptance, critique, opposition,
issues, rejection, and so forth. In fact, the goal of this thesis is to provide an understanding of
best practices in the field of international crime prosecution. It evaluates the accomplishments
made, admits flaws and mistakes, and discusses how they should be fixed.32

28
Hazan “ICTY reflects strengths and weaknesses of International Justice”
https://www.justiceinfo.net/en/26728-icty-reflects-strengths-and-weaknesses-of-international-justice.html (24-
08-2022).
29
Chingono The Effectiveness of the International Criminal Court and the Impact of the Initiating Entities
(LLM-thesis, CUNY, 2014) 55.
30
Goldstone “For Humanity, Reflections of a war Crimes Investigator” 2000 YUP.
31
Ibid.
32
Buckley 2013.

9
International trials are notoriously difficult and frequently politicized, so some delay is to be
expected. But there are three significant issues with the glacial processes that are now
standard. The first issue is a practical one: lengthy proceedings are costly and resource-
intensive to the extent that international tribunals are sometimes unable to handle a heavy
caseload or respond quickly to emerging emergencies. 33 The second issue is almost
philosophical. Criminal courts all over the world recognize the fundamental right of accused
parties to a trial without excessive delay; yet the demonstrated incapacity of international
tribunals to guarantee this right threatens both their operational viability and perceived
credibility globally. The third worry is utilitarian: that whatever deterrence power the
international tribunals may have over the world's most heinous wrongdoers may ultimately be
undermined by their inefficiency.34

It is against this background that this research will look at the extent to which international
courts and tribunals are effective in the maintenance of world peace. The research will also
take a glance at relevant case law in the post-conflict era to measure how the problem of IC’s
ineffectiveness has been dealt with and will make recommendations of mechanisms that the
international courts and tribunals may use to deal with their shortcomings.

1.3 STATEMENT OF RESEARCH PROBLEM

The International Criminal Court (ICC) frequently describes itself as the court of the world,
but it increasingly represents fewer and fewer countries. The International Criminal Court is a
flawed organization despite having a good idea. When national courts are unable to prosecute
crimes, the ICC operates as a court of last resort. 35 Many people believed that the ICC would
bring international order one step closer. Sadly, a supposedly innovative notion has become a
pitiful failure due to a lack of cooperation. Due to their chances of being successful in settling
conflicts, this international law bodies’ efficiency has recently been called into question. 36
Many people were concerned that the International Criminal Court would grow too powerful
when it was first established in 2002. It turns out that the ICC's problem isn't that it is too
strong; rather, it is that it is too weak. There is no police force within the ICC to apprehend
suspects. To make arrests and request their transfer to The Hague, they must instead rely on
37
the country's own police system. The ICC also does not have their own army which
33
Humphrey “International intervention, justice and national reconciliation: the role of the ICTY and ICTR in
Bosnia and Rwanda” https://doi.org/10.1080/1475483032000137084 (accessed 25-08-2022).
34
Heller “The Nuremberg Military Tribunals and the origins of International Criminal Law” 2011.
35
Eisenhut “Sovereignty, National Security, and International Treaty Law. The Standard of Review of
International Courts and Tribunals with regard to Security Exceptions” 2010 456.
36
Ibid.
37
Ramet “The ICTY: Controversies, Successes, Failures, Lessons” 2012.

10
therefore limits their ability to apprehend perpetrators of gross human rights violations.
Although the ICTY and ICTR were considered crucial to upholding peace and security
immediately following a conflict, it appears in recent years that criminal trials are insufficient
to address state crimes since legal measures are inevitably fragile and insufficient. 38 For the
ICC and other countries that have signed as members, this has presented a significant
difficulty. Due to its incapacity to pursue offenders from both State Parties and Non-State
Parties, its previous failure to prosecute serious international crimes, and its practice of
retributive justice that fails in bringing about peace, the ICC is not a viable and sustainable
path to justice. In recent years, a growing amount of legal literature has focused on issues like
effectiveness.39

1.4 RESEARCH AIM/OBJECTIVE

1. To investigate the extent to which international bodies have been living up to the purpose
for which they were created through surveying case law
2. To ascertain the extent to which these courts and tribunals have been effective in
implementing international law rules and maintaining peace.
3. To make recommendations on the measures which may be implemented to ensure
continued compliance and observance of international treaties and norms in the International
legal order.
1.5 RESEARCH QUESTIONS
1. To what extent have international bodies been living up to the purpose for which they
were created through surveying case law?
2. To what extent are international courts and tribunals effective in implementing
international law rules and maintaining peace?
3. What measures may be implemented to ensure continued compliance and observance of
international treaties and norms in the International legal order?

1.6 LITERATURE REVIEW

The scholarly journal review by El Zeidy titled The Ugandan Government Triggers the First
Test of the Complementary Principle is of importance to this research.40 The journal outlines
that although state referrals seem to be less difficult with Court participation, some detractors
point out that there are loopholes that could have a negative impact on the Court's efficacy.
The scholar raises the concern that only crimes that were committed after the Rome Statute
38
Shany “Assessing the Effectiveness of International Courts: A Goal-Based Approach” 2012.
39
Luban “Demystifying Political Violence: Some bequests of ICTY and ICTR"
https://www.jstor.org/stable/10.2307/27003216 (accessed 25-08-2022).
40
Zeidy “The Ugandan Government Triggers the First Test of the Complementarity Principle: An Assessment
of the First State's Party Referral to the ICC” 2005 ICLR 83-120.

11
entered into force in 2002 may be brought before the Court, according to the Rome Statute. 41
The other issue that Zeidy brings up is that because Uganda serves as both the territorial state
and the state of nationality, issues of complementarity and waiver will make the situation
even more difficult because neither the Statute nor the Rules of Procedure and Evidence
provide definitive answers to these questions.42 The journal is of significance as it gives an
overview of the fact that the Prosecutor has the final say over the waiver and can choose to
open an investigation or not, these issues often have a negative impact on the Court's ability
to function. 43

The journal review of Caroll titled An assessment of the role and effectiveness of the
International Criminal Tribunal for Rwanda and the Rwandan national justice system in
44
dealing with the mass atrocities of 1994 is vital to this research. The journal raises
questions about what is to be done in the aftermath of mass atrocities. Caroll seeks to
understand the most effective way of achieving justice for the victims and survivors, holding
individuals accountable, deterring future mass atrocities, and establishing lasting peace. 45 The
author gives an elaborate overview which suggests that given the scope of the problem, the ad
hoc tribunals are not the main solution. This contention finds support in the degree to which
the ICTR prosecuted genocide, crimes against humanity and violations of article 3 common
to the Geneva Convention and Additional Protocol II, as provided for in Article 1 of its
Statute is not satisfactory. The ICTY did not set a commendable jurisprudence to prosecute
the grave breaches of the Geneva Conventions of 1949, violations of the laws and customs of
war and genocide.46 Henceforth this research aims to provide further information on measures
that may be put in place to bring the perpetrators of gross human rights violations and mass
atrocities to justice so as to make international tribunals more effective.

The scholar Kerr in her journal article titled The International Criminal Tribunal for the
former Yugoslavia: An Exercise in Law, Politics, and Diplomacy 47 gives a critical analysis on
the mandate of the ICTY and why it is still a topic of contention. According to Kerr, the
restoration and upkeep of peace and security was the ICTY's mandate. This purpose was to
41
Rome Statute of the International Criminal Court, 1998.
42
.Mutabazi 2014.
43
Luban “Demystifying Political Violence” 2016 AJIL 254.
44
Carroll “An assessment of the role and effectiveness of the International Criminal Tribunal for Rwanda and
the Rwandan national justice system in dealing with the mass atrocities of 1994” 2000 BUILJ 163 – 200.
45
Ibid
46
Goodman ”The Effectiveness of the International Criminal Court: Challenges and Pathways for Prosecuting
Human Rights Violations” 2020.
47
Kerr “The International Criminal Tribunal for the former Yugoslavia: An Exercise in Law, Politics, and
Diplomacy” 2004 OUP 33.

12
be fulfilled by holding people accountable for grave transgressions of international
humanitarian law. Kerr claimed that the manifestation of an unambiguous relationship
between peace and justice, politics and law was what gave the Security Council its authority
in this regard. 48 Even if ad hoc tribunals are valid judicial institutions in and of themselves,
according to Kerr, the major disadvantage of ad hoc tribunals is that they are intrinsically
political and selective by virtue of their mode of the establishment. 49 Kerr further contends
that although the Tribunal's decision to be founded was political, and it was established for a
political purpose, its internal duty was to administer justice. He further argues that ad hoc
tribunals were created with a range of objectives, including political aims such as the
restoration and preservation of peace and security as well as contributions to the process of
national reconciliation in the affected States. 50 Unfortunately, unlike ad hoc tribunals, a
criminal court cannot develop into a platform for political goals on the same level. Thus this
article is of significance to this research as it highlights the fact that the political bias
associated with these courts and tribunals limits their performance thus rendering them
ineffective.

The scholar Griffin in his article A Predictive Framework for the Effectiveness of
International Criminal Tribunals51 notes that the ICTY's credibility is harmed most by the
defendants it fails to apprehend and its lack of speed. He asserts that most cases at the ICTY
require the use of dozens of witnesses and only a small number of documents. Multiple
witnesses are used by the defense as an answer.52 The defendants frequently go through
protracted trials before having to wait months for a decision. 53 Furthermore, only some of the
criminals can be tried by the ICTR. The scholar claims that given examples of current human
rights crimes, the ICC can anticipate a range of outcomes. For instance, if the ICC had been
established in 1990, the situation in Rwanda likely would have been better served by it than
by the ICTR because the initial trials would have occurred two to three years earlier. 54 This
article is significant to this research as it outlines the fact that the sluggishness of the ICTY
trials might have been remedied by a permanent ICC as well. The ICC can only be as

48
Ibid.
49
Kerr 2004 OUP.
50
Ibid.
51
Griffin “A Predictive Framework for the Effectiveness of International Criminal Tribunals” 2001 VJTL 305.
52
“United Nations International Tribunal for the former Yugoslavia”
https://www.icty.org/en/about/tribunal/achievements (accessed 24-08-2022).
53
Griffin “A Predictive Framework for the Effectiveness of International Criminal Tribunals” (2001) VJTL
405.
54
Humphrey “International intervention, justice and national reconciliation: the role of the ICTY and ICTR in
Bosnia and Rwanda” (2003) JHR 498.

13
effective as it is forceful, and it is unable to exercise coercive power without the resolute
assistance of the military and police forces present in the state of the jurisdiction it has been
granted.

The scholar Vashishta in his article titled The effectiveness of International Criminal Court:
An Analytical Study55 made reference to the case of The Prosecutor v. Omar Hassan Ahmad
Al Bashir.56 The current head of state was charged by the ICC with crimes committed in
Darfur. It should be noted that the President was able to avoid the search and avoid suspicion
because of the web of support that was there for him. He traveled to those nations that are
ICC participants, but they did not detain the current head of state. 57 The ICC's failure to
convince those countries to apprehend Omar has damaged its reputation. It is also important
to note that there were at least 10 other prominent human rights violators in Sudan who might
have been easily apprehended and tried with a higher possibility of receiving a prison
sentence. This action would have served as a brazen warning to any additional infringers that
the hoop around their neck would soon become stronger. Additionally, the hearing of it has
included a topographical discrepancy. The court is viewed as being explicit about the
measures taken to stop the abuse of human rights in Africa. 58 To act against the powerful
individuals of the powerful nations is a significant burden for the ICC. As a result, the scholar
demonstrates how the law fills a gap in terms of the effectiveness of the ICC, making it
important to this study. To improve its credibility and mission, the researcher contends that
the ICC should place a strong emphasis on fairness, regional justice, and global communal
justice. And to increase its impact, its member countries have a crucial role to play in
assisting the court in delivering universal justice.59

1.7 RESEARCH METHODOLOGY

The research will utilise the qualitative research methodology which will assist in the writing
of a dissertation. The nature of the research will be analytical, explorative and observatory.
The qualitative research message will allow one to go through various sources on the internet
that have been written about the effectiveness of the various international courts and
tribunals. Once information has been gathered then it will take various ways to analyse.
The research will analyse the nature, background of the purpose meant to be served by

55
Vashishta “The effectiveness of International Criminal Court: An Analytical Study” 2021 JCLJ 626.
56
ICC-02/05-01/09.
57
Ibid.
58
Sterio “The International Criminal Court: Current Challenges and Prospect of Future Success” 2020
CWRJIL 7.
59
Vashisht “The effectiveness of International Criminal Court: An analytical study” 2021 JCLJ 7.

14
international courts and tribunals. It will ask critical questions as to how the courts and
tribunals adjudicate. The research will also be observatory in that it will make serious
observations. These will include the observation of how cases that have come before the
courts and tribunals have been dealt with.
1.8 LIMITATIONS
The study acknowledges that there was little prior research on the chosen topic and thus the
outcome was too narrow of a research problem. Further to that, there was failure to find a
myriad of scholarly articles addressing the problem, because the research problem is still a
developing phenomenon. Further, a comparative study of a few selected African countries
will be conducted.

1.9 CHAPTER OUTLINE

Chapter one introduces the area of law, the problem, aim, and questions as well as the method
used to answer research questions and address the problem.

Chapter two of the study reviews the historical evolution of international courts and tribunals
and the theoretical underpinnings thereof.

Chapter three focuses on the legal and institutional framework that governs international
courts and tribunals. It further deals with how these courts have dealt with cases that have
come before them.

Chapter four deals with conclusions and recommendations.

15
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Chingono The Effectiveness of the International Criminal Court and the Impact of the
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Mutabazi The United Nations ad hoc Tribunals’ effectiveness in prosecuting international

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17
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