The tribunal created was the result of a unique convergence of legal, political and diplomatic circumstances. The international criminal tribunal which was established for former Yugoslavia was the result of a political decision to involve the legal power and authority of the Security Council to reinforce another set of international law, those regulating the use of force by creating a judicial institution with a political mandate. The mandate was the restoration and the maintenance of international peace and security and was to be achieved through the prosecution of individuals serious violations of international humanitarian law.
(ibid, p. 45). The process of establishing an international tribunal was difficult and expensive. The practical difficulties were compounded by the complex political and diplomatic environment which was established. Also the fact that there was very little precedent to draw on the secretary-general recognized the importance of ensuring that the tribunal apply rules of international humanitarian law that are beyond any doubt part of customary law so that the problem of adherence of some but not all states to specific mandate and its competence restricted according to terms of subject matter temporal and territorial jurisdiction.
(Coicaud, 2001, p. 77). The judges took wider legal and political contexts in the tribunals and their wider powers. This created a tendency to interpret the law as a means of contributing to the maintenance of international peace and security rather than a case by case basis. ‘ In an era of rapid and dramatic international political change, it may be difficult to accommodate interests within a frame of international law’ . This varying interest may be due to territorial change impacts on the international community and the states concerned.
In situations of change of sovereignty a part of human rights generally, the laws relating to territorialism are considered.
Please type your essay title, choose your document type, enter your email and we send you essay samples