the evolution of International Humanitarian Law and the role of International Courts and Tribunals in the enforcement of International Humanitarian Law sanctions against individuals for their roles in war crimes and crimes against humanity

Abstract

In the early years of human history, wars were fought without any rules of combat. At that time, the purpose of war was to destroy the enemy physically and possibly display his head or other parts of the body in public to the delight of the citizenry. Two world wars and several international and non international armed conflicts have taken place over the years. These wars have brought about untold hardships to human beings, as some of the war lords hid under State immunity to commit war crimes with impunity. Adolf Hitler, for instance, had attempted to eliminate the Jews from the surface of the earth under his "Operation Final Solution". It became expedient to introduce rules that would check these excesses. This led to the recognition of the principle of 'individual responsibility for crimes under international humanitarian law in the Charter and the Judgment of the Nuremberg Tribunal. The recognition of this principle has made it possible to prosecute and punish individuals for' serious violations of humanitarian law. Today, the world's attitude towards the conduct of hostilities and armed conflicts has greatly shifted from that of passive onlook to that of justice, and a shift from State responsibility to holding individuals in power criminally responsible for crimes against humanity. The International Criminal Court (ICC) and other Regional Tribunals have been established to try and punish individual perpetrators of crimes against humanity. History was made on April 19, 2012 when the Special Court for Sierra Leone sitting in The Hague convicted the former Liberian Head of State, Charles Taylor for war crimes and crimes against humanity, the first judgment against .a former head of state since the World War II Nuremberg trials ill 1945. Currently, the world is watching the humanitarian abuses in Sudan, Syria, Bahrain, Yemen and it is certain that those leaders will sooner or later be 'guests' to the TCC. This research attempts to trace the evolution of International Humanitarian Law and the role of International Courts and Tribunals in the enforcement of International Humanitarian Law sanctions against individuals for their roles in war crimes and crimes against humanity. The methodology adopted is the expository and content analysis style, tapping from library sources,papers presented by learned university dons, and the internet. This research advocates the co- operation of nation states in identification, prosecution and extradiction (where necessary) of culprits of crimes against humanity. The veils of " ational sovereignty" the "principle of non-interference in the internal affairs of the states", and the "immunity of Heads of State" no longer shield culprits, as the modern world now rises in condemnation of crimes against humanity.