ABSTRACT
This chapter presents the Security Council authority to take a wide range of military and nonmilitary measures to restore and maintain international peace and security. The Council made a determination that the situation in the former Yugoslavia constituted a threat to international peace and security and that an international tribunal would contribute to ending widespread violations of international humanitarian law in the region. The obligations on states in regard to arresting and rendering defendants to the International Tribunal go beyond the theoretical model of the Nuremberg and Tokyo war crimes trials. In all three cases— Nuremberg, Tokyo, and the former Yugoslavia— the tribunals claimed or claim jurisdiction over individual defendants for war crimes, crimes against humanity, and related grave offenses. The International Tribunal for the Former Yugoslavia, in contrast, takes its authority directly from the constitutional powers of an international organization, the United Nations, and specifically from the mandate of the Security Council to maintain peace and security.
