good things in the name of an ideology18). These two positions presented above
are the result of suppositions and they are not based on factual realities.
Nevertheless, most studies based on empirical data have proven that international
trial, as means of transitional justice, have rather positive effects19). In any case, it
is relevant the example of the Nuremberg trial which influenced the future
generations of Germans in becoming “champions of human rights20)”.
In conclusion, this article has discussed the extent to which the international
trials represent the main solution for mass violation of human rights. Furthermore,
it has asserted that punishment of individual violators by international prosecution
is a necessity for successful promotion of human rights. In the future, in order to
be more effective, the international criminal law should be more unitary, on the
case-law of the International Criminal Court. In addition, one should be aware that,
a real confidence in justice can be assured only if the international tribunals,
which deal with a small number of perpetrators, are joined by the activity of
national courts in this important field. The domestic impact of the activity of
international criminal justice, the “justice on the ground21)”, should be analyzed
by future interdisciplinary studies in order to improve the confidence of post
conflict societies in the rule of law.
Aukerman, Miriam J., Extraordinary Evil, Ordinary Crime: A Framework for Understanding
Transitional Justice, Harv. Hum. Rts. J. 15 (2002): 39;
Carroll, Christina M., Assessment of the Role and Effectiveness of the International Criminal
Tribunal for Rwanda and the Rwandan National Justice System in Dealing with the Mass
Atrocities of 1994, An., BU Int'l LJ 18 (2000): 163;
Elster, Jon., Closing the books: Transitional justice in historical perspective, Cambridge
University Press, 2004;
Garbett, C., Localising Criminal Justice: An Overview of National Prosecutions at the War
Crimes Chamber of the Court of Bosnia and Herzegovina, 10.3 Human Rights Law Review (2010),
Massei, J.M., Finding Shame in Truth: The Importance of Public Engagement in Truth
Commissions, 33(2) Human Rights Quarterly (2011), pp. 431-452;
McAuliffe, P., Transitional Justice and the Rule of Law: The Perfect Couple or Awkward
Hague Journal on the Rule of Law (2010), pp. 127-154;
Murphy, Sean D. Progress and Jurisprudence of the International Criminal Tribunal for the
former Yugoslavia, American journal of international law (1999): 57-97;
18) M. Koskenniemi, ibid., p. 1246.
19) O. N. T. Thoms, J. Ron, R. Paris, ‘State-Level Effects of Transitional Justice: What Do We
Know?’, The International Journal of Transitional Justice, 2010, p. 23.
20) D. Scheffer, ‘Jostling over Justice’ in H. J. Steiner, P. Alston, R. Goodman, ibid., p. 1337.
21) J. Stromseth, ibid., pp. 87-97.