ABSTRACT

Introduction: Defi ning International Criminal Justice International criminal justice is an essay in contradictions. Prosecutor for the International Criminal Tribunal for the Former Yugoslavia (The Hague) and the International Criminal Tribunal for Rwanda (Arusha), Louise Arbour, sums up the essential challenge in ICJ as:

The transposition of criminal justice, normally dependent on the authority and jurisdiction of nation-states, into the specifically international arena raises a number of distinct and unique problems as well as possibilities. What institutional and process forms does international criminal justice take? What are its nature and outreach? And what are its limitations, in terms of constituency and the satisfaction of competing and expansive interests? The constitution and constellation of international criminal justice in popular wisdom are represented by formal institutions such as the tribunals and the courts created following military conflict, to aid in peace-making through administering international justice processes and legislation, as well as international criminal law and procedure. These formal institutions present themselves for investigation early in this text because of their apparent precedence in the structure of justice in a domestic setting, which then is transposed supra-nationally. The formal institutions are also prominent in the way traditionally, in the domestic jurisdiction, they represent justice as it is seen to be done.