International Judicial Intervention: The International Criminal Tribunal for the Former Yugoslavia

War crimes trials before international tribunals

“…The drafters of the UN Charter had not envisaged such a tribunal, the General Assembly had not been involved in its creation, the Council had not consistently created tribunals in other instances, the Council could not act in relation to individuals, there was no real threat to the peace, the Tribunal would not promote peace, and a political body could not create a judicial organ. 113 Secondly, the primacy over national courts which the SC resolution gave to the Tribunal was unlawful and violated the national sovereignty of the states affected. Thirdly, the Tribunal lacked subject matter jurisdiction in respect of the charges against the defendant.…”