Rechtswissenschaft

Oliver Diggelmann

Staatsverbrechen und internationale Justiz. Zur Einlösbarkeit der Erwartungen an internationale Straftribunale

Rubrik: Abhandlungen
Archiv des Völkerrechts (AVR)

Jahrgang 45 () / Heft 3, S. 382-399 (18)

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International criminal tribunals are confronted with three expectations when dealing with crimes committed by state bodies. (1) They should try the perpetrators and their accomplices. (2) They are expected to bring justice to the victims. (3) They should contribute to processes of reconciliation in the societies concerned. – The article explores the difficulties faced by international criminal tribunals in these fields.With respect to trying the perpetrators, the possibilities of the tribunals are limited for practical and legal reasons. One of the main difficulties is that crimes committed by state bodies are usually the result of a complex interplay of acts of many persons or even groups. Their precise role is often difficult or impossible to establish. Many accomplices who contribute indirectly to the crimes cannot be punished.The courts' possibilities to bring justice to the victims are also limited. For victims of most serious crimes, justice means not only to sue the instigators of the crimes, but also to establish the historical truth and to experience feelings of regret. Tribunals are neither made nor equipped for reconstructing the crimes in their totality. They hardly exercise any influence on the perpetrators' attitude.Processes of reconciliation depend largely on the willingness of the community to face the crimes of its members. International trials can initiate public debates on the crimes and their background that may lead to a sense of common responsibility as a basis of reconciliation. Whether the crimes are integrated into the collective narrative or not, however, is beyond the courts' influence.
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Oliver Diggelmann ist Inhaber des Lehrstuhls für Völkerrecht, Europarecht, Öffentliches Recht und Staatsphilosophie an der rechtswissenschaftlichen Fakultät der Universität Zürich.