En framtida IS-tribunal – tomma ord eller en reell möjlighet?

Sammanfattning: During the past five years, the Islamic State has been responsible for a large amount of pain and suffering. War crimes, crimes against humanity and genocide have been committed in the areas the group controlled in Iraq and Syria. Now as the Kalifate’s last strongholds have been defeated, the international community stands before a new task; how and where shall the individuals responsible be punished? Some politicians are now calling for an IS-tribunal as a solution to the problem. Truthfully, it is very far from being that simple. Historically, the establishment of international tribunals is a rare occurrence. The ICTY and ICTR postulated a unified Security Council and the tribunals have been criticized for being both exceedingly expensive and ineffective. Other forms of tribunals have been established, so called hybrid tribunals. However, these have all resulted from prior agreements between the UN and the state in question. Furthermore, the ICC lacks jurisdiction over the situations in Syria and Iraq since neither have ratified the Rome Statute. The Security Council has the power to refer a situation to the ICC but both Russia and China have vetoed a resolution of that category. Lastly, the possibility for national courts to prosecute on basis of universal jurisdiction remains. A right most states recognize in theory, but rarely use in practice. Furthermore, other parties to the conflict in Iraq and Syria are also committing international crimes. Supported by Russia, the Syrian regime’s systematic attacks on civilians amount to crime against humanity. Moreover, the Iraqi forces, the US-led coalition and other combating parties are responsible for war crimes. Due to the conflict’s current state and the political situation in the Security Council, remedy for all victims is practically impossible. Nevertheless, even if an IS-tribunal could be established the question remains; should the international community seek this kind of one-sided justice?