ABSTRACT
The preceding chapter argued that international institutions or institutions with international oversight are in the best position to communicate and promote the values for which the enterprise of ICL exists. This chapter will examine possible institutional bodies from which to administer ICL. Prosecutions of crimes against humanity, genocide and war crimes are taking a variety of forms, from international tribunals (ICTY, ICTR) to the first ICC indictments, to hybrid courts; also available are non-judicial approaches if they are ‘in the interests of justice’ (Robinson 2006; Rome Statute: Articles 17 and 53). The issue of the right institutions by which to administer ICL is mired in debate, including whether any judicial mechanism is necessary, or even reasonable, for transitional justice (Tutu 1999). Having established a moral foundation for an international jurisdiction over certain crimes, this project now turns to questions pertaining to the legal and political bases.
