International Judicial Institutions Thisfullyupdatedandmuchexpandedsecondeditionprovidesamuch needed, short, and accessible introduction to the current debates in international humanitarian law. Written by a former UN Chief Prose- cutor and a leading international law expert, this book analyzes the legal and political underpinnings of international judicial institutions, it provides the reader with an understanding of both the historical development of institutions directed towards international justice, as well as an overview of the differences and similarities between such organizations. New to this edition: (cid:1) Updates on recently found records of the United Nations War Crimes Commission (cid:1) Updates on the recent judicial decisions of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda (cid:1) Updates on the Special Tribunal For Lebanon (cid:1) A re-evaluation of the future of the International Criminal Court International Judicial Institutions: second edition will be of great interest to students of international politics, criminology, and law. Richard J. Goldstone is Visiting Professor at University of Virginia School of Law, former Justice of the Constitutional Court of South Africa,andformerChiefProsecutoroftheUnitedNationsInternational CriminalTribunalsfortheformerYugoslaviaand Rwanda Adam M. SmithisaWashington,DC-basedinternationallawyer.Hehas written and lectured extensively on international law and has worked on post-conflictjusticeintheBalkans,Asia,andAfrica.EducatedatHarvard, Oxford,andBrown,SmithhasheldpostsattheWhiteHouse,theUN,and theWorldBankand is the authorof After Genocide: Bringing the Devil to Justice. Global Institutions Edited by Thomas G. Weiss The CUNY Graduate Center, New York, USA and Rorden Wilkinson University of Sussex, Brighton, UK About the series The “Global Institutions Series” provides cutting-edge books about many aspects of what we know as “global governance.” It emerges from our shared frustrations with the state of available knowledge— electronic and print-wise, for research and teaching—in the area. The series is designed as a resource for those interested in exploring issues of international organization and global governance. And since the first volumes appeared in 2005, we have taken significant strides toward filling conceptual gaps. Theseriesconsistsofthreerelated“streams”distinguishedbytheirblue, red, and green covers. The blue volumes, comprising the majority of the books in the series, provide user-friendly and short (usually no more than 50,000 words) but authoritative guides to major global and regionalorganizations,aswellaskeyissuesintheglobalgovernanceof security, the environment, human rights, poverty, and humanitarian action among others. Thebookswith red covers are designed to present originalresearchandserveasextendedandmorespecializedtreatmentsof issuespertinentforadvancingunderstandingaboutglobalgovernance.And thevolumeswithgreencovers—themostrecentdepartureintheseries— are comprehensive and accessible accounts of the major theoretical approaches to global governance and international organization. The books in each of the streams are written by experts in the field, ranging from the most senior and respected authors to first-rate scho- lars at the beginningoftheircareers.Incombination,thethreecompo- nents of the series—blue, red, and green—serve as key resources for faculty, students, and practitioners alike. The works in the blue and green streams have value as core and complementaryreadingsincour- seson,amongotherthings,internationalorganization,globalgovernance, international law, international relations, and international political econ- omy; the red volumes allow further reflection and investigation in these and related areas. The books in the series also provide a segue to the foundation volume that offers the most comprehensive textbook treatment avail- able dealing with all the major issues, approaches, institutions, and actors in contemporary global governance—our edited work Interna- tional Organization and Global Governance (2014)—avolume to which manyof the authors in the series have contributed essays. Understanding global governance—past, present, and future—is far from a finished journey. The books in this series nonetheless represent significant steps toward a better way of conceiving contemporary pro- blems and issues as well as, hopefully, doing something to improve world order. We value the feedback from our readers and their role in helping shape the on-going development of the series. A complete list of titles appears at the end of this book. The most recent titles in the series are: The NGO Challenge for International Relations Theory (2014) edited by William E. DeMars and Dennis Dijkzeul 21st Century Democracy Promotion in the Americas (2014) by Jorge Heine and Brigitte Weiffen BRICS and Coexistence (2014) edited by Cedric de Coning, Thomas Mandrup, and Liselotte Odgaard IBSA (2014) by Oliver Stuenkel Making Global Institutions Work (2014) edited by Kate Brennan Post-2015 UN Development (2014) edited by Stephen Browne and Thomas G. Weiss Who Participates in Global Governance? (2014) by Molly Ruhlman This page intentionally left blank International Judicial Institutions The architecture of international justice at home and abroad Second edition Richard J. Goldstone and Adam M. Smith AddAddAddAdd AAAdddddAdAddddAdd AddAdd AdAddd Secondeditionpublished2015 byRoutledge 2ParkSquare,MiltonPark,Abingdon,OxonOX144RN andbyRoutledge 711ThirdAvenue,NewYork,NY10017 RoutledgeisanimprintoftheTaylor&FrancisGroup,aninforma business ©2015RichardJ.GoldstoneandAdamM.Smith TherightofRichardJ.GoldstoneandAdamM.Smithtobe identifiedasauthorsofthisworkhasbeenassertedbythemin accordancewiththeCopyright,DesignsandPatentAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedor reproducedorutilisedinanyformorbyanyelectronic,mechanical, orothermeans,nowknownorhereafterinvented,including photocopyingandrecording,orinanyinformationstorageor retrievalsystem,withoutpermissioninwritingfromthepublishers. Trademarknotice:Productorcorporatenamesmaybetrademarks orregisteredtrademarks,andareusedonlyforidentificationand explanationwithoutintenttoinfringe. BritishLibraryCataloguinginPublicationData AcataloguerecordforthisbookisavailablefromtheBritish Library LibraryofCongressCataloginginPublicationData Goldstone,Richard,author. Internationaljudicialinstitutions:thearchitectureofinternational justiceathomeandabroad/RichardJ.GoldstoneandAdamM. Smith.–Secondedition. pagescm–(RoutledgeGlobalInstitutionsSeries;93) Includesbibliographicalreferencesandindex. 1.Internationalcriminalcourts.I.Smith,AdamM.,1974-,author. II.Title. KZ7230.G652015 345'.0148–dc23 2014030566 ISBN:978-1-138-79970-7(hbk) ISBN:978-1-135-00161-2(pbk) ISBN:978-1-315-75430-7(ebk) TypesetinTimesNewRoman byTaylor&FrancisBooks Contents Acknowledgments ix Abbreviations x Introduction 1 1 International humanitarian law 12 2 The pre-dawn of international justice 35 3 International justice following the Second World War 48 4 The Cold War and the rise of domestic international justice 75 5 Post-Cold War justice 111 6 Post-ICC prosecutions 142 7 Conclusion 166 Bibliography 176 Index 178 Routledge Global Institutions Series 188 This page intentionally left blank Acknowledgments Parts of Chapters 1 and 5 first appeared in Richard Goldstone, “International Criminal Court and Ad Hoc Tribunals,” Chapter 26 in Oxford Handbook on the United Nations, ed. Thomas G. Weiss and Sam Daws (Oxford: Oxford University Press, 2007), 463–78. Used by permission of Oxford University Press. Parts of the Introduction and Chapters 1 and 5 are based on mate- rial that first appeared in Adam M. Smith, “From Nuremberg to the Hague: The Future of International Criminal Prosecution—Review Essay,” Harvard International Law Journal 45, no. 2 (2004): 563–75. Copyright The President and Fellows of Harvard College, and the Harvard International Law Journal. Usedwith permission.