It seems that a country can simply not become a member of the International Criminal Court and then can ignore (or even threaten sanctions against) any investigation of war crimes or of crimes against humanity done by its nationals or military.

Under which basis could the International Criminal Tribunal for the former Yugoslavia prosecute nationals of the former Yougoslavia countries and their military personel?

  • 2
    Wikipedia says UNSC resolution 827. Have you read that? – o.m. May 27 at 14:52
  • Not before, but now I have. So the basis is Chapter VII of the United Nations Charter and a security council vote. So that means that countries with veto power in the security council or non-members of the UN are immune against prosecution of these crimes? – Vladimir F May 27 at 18:44
  • Veto powers are effectively immune, non-members are not. Look at the history of the UN and post-WWII trials. – o.m. May 27 at 20:47

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