ABSTRACT
International law is not a criminal law system; it is more akin to constitutional law, where enforcement rests on political counterpressures and foreseeable middle- and long-term reactions. A militarily organized movement that commits atrocities is likely to lose allies, unify its enemies, waste its energy in daring strikes of dubious military or political value, and ultimately turn on itself. National war crimes tribunals, military commissions, and courts martial have often enough tried and even executed persons for violating the "laws and customs of war" established in international practice. The idea of an international criminal court is supported by many people and has moved from the lobbying of lawyers and moralists to an area of practical action. At the close of the Gulf War, the United States sent a team to investigate Iraqi atrocities with an eye to bringing those who committed them before an international tribunal authorized to apply international law to the acts of individuals.
