3　紛争後社会の「法の支配」確立における国際刑事法廷の役割と限界――ICTYとボスニア国内戦犯法廷との連携を中心に

抄録

Following the establishment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993, remarkable developments have been made in the evolution of a system of international criminal justice. These developments indicate that the international community widely shares the rule of law concept in that impunity of heinous international crimes is no longer permissible.

The evolution of the international criminal justice system, however, does not always coincide with the advancement of the rule of law within post-conflict societies. Whereas the international criminal justice system aims at punishing a handful of leaders who are responsible for orchestrating the atrocious regimes, it has done little to fill the impunity gap where many middle and low level perpetrators remain unpunished. On the other hand the domestic criminal judicial system in post-conflict societies often lacks capacity or will to address this problem on its own.

Against this backdrop this paper examines the cooperation scheme between the ICTY and the War Crimes Chamber in Bosnia and Herzegovina since 2005. The cooperation was initially prompted in a limited context of the ICTY whose term will have to end in 2010. It has revealed, however, a much broader role of the international criminal justice institution in advancing the rule of law in post-conflict societies. The capacity of the international institution in collecting evidence from all parties of the armed conflict and the transfer of expertise in prosecuting international crimes from the international institution to the domestic criminal justice institution are particularly relevant to this end. It also provides a hint for the application of the “principle of complementarity”in the International Criminal Court.