Page 11 - The CoESPU Magazine N 1 - 2018

interaction between States, it is becoming more pressing to coordinate respect for these principles.
States must uphold them while also respecting their own national principles of criminal law and any
specific principles outlined in the instruments of the regional bodies to which they are party.
The prevention and repression of international crimes can be enforced by a number of different
actors and institutions. First and foremost, domestic courts of either the State in which the crimes
have occurred or third States may be willing and able to conduct criminal trials. At the same time,
international crimes and
their general context
(armed conflict,
widespread or systematic
attacks against a civilian
population, genocidal
policies) often occur or
result in situations in which
the domestic criminal
justice system of the State
is non-existent or is unable
or unwilling to act. This
may make it impossible for
domestic authorities to
conduct independent and
impartial investigations
and legal proceedings.
In conflict areas, police and
judicial organs are often
involved in the commission
of crimes. There is therefore the risk of governmental misconducts oriented to destroy evidence,
intimidate victims and potential witnesses if local authorities are themselves implicated in the
commission of international crimes or if they seek to shield alleged perpetrators.
In this case, international criminal courts and tribunals are the second possible forum in which
international crimes are being adjudicated. They exist as courts of last resort, ensuring that
perpetrators do not enjoy impunity as a consequence of the unwillingness or inability of national
courts to prosecute international crimes. Such courts and tribunals may be established either on a
permanent or an ad hoc basis in response to a particular situation, State or region. The International
Criminal Court (ICC) is the only existing criminal court falling into the first category. The
International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal
Tribunal for Rwanda (ICTR) are examples of ad hoc tribunals.
A third form of criminal court and tribunal with jurisdiction over international crimes is a mixed (or
hybrid internationalized) criminal court and tribunal. These mixed types combine certain features of
international criminal courts and tribunals with those of domestic courts. Examples are the Special
Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the Special
Tribunal for Lebanon, the Serious Crimes Panels established under the authority of the UN
Transitional Administration in East Timor and the State Court of Bosnia and Herzegovina.

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