Suchergebnisse

THE INTERNATIONAL WAR CRIMES TRIBUNAL FOR THE FORMER YUGOSLAVIA IS UNWORKABLE BECAUSE THE UN SECURITY COUNCIL HAS NEITHER THE PRACTICAL NOR LEGAL JURISDICTIONAL POWER TO PROSECUTE WAR CRIMES COMMITTED DURING CIVIL WARS OR REGIONAL HOSTILITIES. THE TRIBUNAL IS LIKELY TO CAUSE ONLY CONFUSION ON THE PART OF THE PARTICIPANTS AND PERHAPS, INDIRECTLY, AN ESCALATION OF THE CONFLICT. THE REASONS FOR FAILURE LIE IN FLAWED ASSUMPTIONS REGARDING THE PROPER ROLE AND POWERS OF THE UN. THE UN IS NOT A FORM OF WORLD GOVERNMENT. IT HAS NO POLICE FORCE, NO LEGISLATURE. THE ATTEMPT TO CONSTRUCT A JUDICIAL SYSTEM (IN THE FORM OF A WAR CRIMES TRIBUNAL) WHEN THE OTHER TWO ORGANS OF WORLD GOVERNMENT ARE MISSING IS AN EXERCISE IN FUTILITY.T EH UN RELIES PRIMARILY ON THE CONSENT OF ITS MEMBERS. THERE FORE, IT MUST NECESSARILY FALL BACK ON MORAL PERSUASION (AS A BODY REPRESENTING WORLD OPINION) TO 'KEEP THE PEACE' AND MAINTAIN REASONABLE STANDARDS OF CONDUCT DURING REGIONAL HOSTILITIES. IRONICALLY, THE ATTEMPT TO ERECT AN OVERLY COERCIVE AND INTERVENTIONIST ROLE FOR THE SECURITY COUNCIL UNDERCUTS THE VERY STRENGTHS ON WHICH THE UN AS WHOLE RELIES: ITS CREDIBILITY AS AN IMPARTIAL FORUM FOR CONCILIATION AND ARBITRATION OF INTERNATIONAL CRISES.