The Rule of Law through International Criminal Justice Mechanisms

The rule of law requires that States set up a fair and expeditious legal system and prosecute persons accused of crimes. In international law, and particularly in post-conflict situations, the rule of law is materialised through the establishment of international criminal tribunals, hybrid courts, truth commissions and by the exercise of universal jurisdiction by the community of nations. This has only been achieved in recent years and the success of any of these judicial institutions must be measured not only by reference to the number of persons it has prosecuted but also on the basis of whether it has influenced or enhanced the development of the local legal system. From a methodological point of view hybrid tribunals are more appropriate to bring about this dual result because they are part of the local legal system and local judges participate therein. However, as is the case with all international tribunals all the relevant actors wish to exercise some degree of control over their operations and so each institution must ultimately be judged on its deliverable results.