ABSTRACT

Writing in the aftermath of Adolf Eichmann's dramatic prosecution in 1961 for his role in the Nazi genocide, Hannah Arendt suggested that the need for a international criminal court was imperative. In addressing the issue of the international community's responsibility for the prosecution of war crimes and crimes against humanity, the notion of cosmopolitan law-enforcement can be appealed. Cosmopolitan morality does not attach any intrinsic moral significance to states or to compatriots, which is not to say that either one is morally irrelevant. The views presented by Darrel Moellendorf in Cosmopolitan Justice provide a particularly useful point of entry into this matter. Tribunals are unable to act in advance to address suspected violations of humanitarian law. Given this it seems clear that the ad hoc system is not sufficient for adequately addressing the needs of global justice. However it seems equally clear that the permanent International Criminal Court will be better able to contribute to individual accountability for war crimes.