Exercise of Responsible Command in the Enforcement of International Criminal Law: A New Model.

摘要

The following article argues that the current regime for the enforcement of international criminal law against alleged war criminals fails to live up to its promises, largely because system participants lack (or refuse to gain) an understanding of the realities of criminology and law enforcement management. Relying heavily on a consideration of current events in the Bosnian theater of operations, in particular the operation of the International Tribunal responsible for war crimes committed in the Former Yugoslavia, the paper suggests that a realistic appraisal of the Tribunal's organizational dynamics leads to a new sociological understanding, which in turn raises fundamental jurisprudential questions about the preconceptions and demands of the most vocal participants of the international community. The author argues that a well developed and relevant jurisprudential sociological model for this (or any) Tribunal's operations already exists, and the U. S. should be exploit it to better articulate national policy with respect to the apprehension of war criminals in the midst of ongoing peace operations. That new model derives from a policy-oriented consideration of the moral, political, and legal landscape and an extension of that analysis to take advantage of "lessons learned" found in the large body of legal, sociological and jurisprudential literature concerning discretionary decision-making in the domestic law enforcement context.