Law of the Future 2011 23 & 24 June 2011, Peace Palace, The Hague, The Netherlands Title: Internationalization of Law & Enforcement By: Lena Waloszek www.lawofthefuture.org

1. Internationalization of Law & Enforcement By Lena Waloszek

2. Outline : - Trend - Example - Solution - Conclusion

3. I. Trend : - “Internationalization of Law & Enforcement” - More international courts and tribunals - Ad hoc tribunals (ICTY, ICTR, SCSL)

4. II. Example : - Special Tribunal for Lebanon (STL) - Established in 2005 by SC Res. 1757 - Assassination of former Lebanese PM - Several legitimacy problems

5. II. Example : - Problems: - No governmental approval - Unilateral ratification by the UN Security Council - National law serves as a basis - Jurisdiction of the Tribunal does not differ from national courts

6. II. Example : - Problems: - An internal problem was placed on an international level - International solutions for national matters

7. III. Solution : - National courts of the locus delicti - ICC as a complementary instrument - National law - International law complementary

8. III. Solution : - National courts are competent to deal with national as well as international crimes - National court judgments are more effective - National courts have the expertise in national law and could be trained in international law

9. III. Solution : - National prosecutors have a closer connection with national authorities (e.g. police) - ICC complementary in order to have a instrument when a state is unwilling or unable to prosecute (last resort)

10. III. Solution : - National law serves as a better basis - International law complementary in order to fill the gaps of national law and to safeguard human rights

11. IV. Conclusion : - Going back in history BUT taking the ICC as a complementary instrument with us - Apply national law BUT international law if human rights and jus cogens are at stake BECAUSE it is a national matter and should NOT be placed on an international level - Suggestion: NOT TO FOLLOW THE TREND

12. Thank you for your attention !