Myšlenka mezinárodního trestního soudu

The author analyses the history and the present of international criminal jurisdiction. He deals with the Nuremberg and Tokyo Military Tribunals and underlines some law aspects which give these tribunals its unique character. The significance of the Nuremberg and Tokyo principles is, however, for the present development of International law as a whole disputable. These courts illustrated rather the legal power of victors over the vanguished and it is difficult to label them as an example of international criminal justice. Another chapter id devoted to the ad hoc tribunals for Rwanda and the former Yugoslavia. These tribunals were established by the Security Council Resolution on the basis of Chapter VII of the UN Charter and its statutes create a binding obligation on all States to cooperate with the tribunals and to assist them in all stages. It is in particular significant that States are for the first time compelled to count on international criminal jurisdiction within the framework of their internal law systems. In conclusion the author focuses on the Draft Statute of an International Criminal Court which was worked out by the ILC in 1994. This Draft which is currently subject to discussions in the UN should be adopted as an international multilateral treaty. This is the most conspicious difference in comparison with the above-mentioned tribunals. On one hand a treaty is undoubtedly the purest instrument of international law on the other hand it is the most difficult way for achievement of a goal.