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This article studies the possibilities and perils of international criminal tribunals collaborating with national military forces to support the investigation and prosecution of international crimes. It does so through a case study of Bosnia-Herzegovina in 2002, where a multinational military peacekeeping coalition called Stabilisation Force (SFOR) headquartered in Sarajevo supported the work of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague.
Through that case study, the article extracts larger lessons potentially applicable to other post-conflict scenarios involving both military forces and international courts. Some ways that militaries and tribunals can work together are familiar, such as intelligence sharing and apprehension of suspects. Others are less obvious, such as how militaries use proxies to file amicus briefs to shape the law to suit military preferences.
The article argues that cooperation between tribunals and militaries serves the self-interest of both and has the potential to improve overall effectiveness. However, there may be a simmering tension and cultural mistrust lurking within these partnerships, which can evolve into antagonism when military forces are credibly accused of serious misconduct that falls within the jurisdiction of the tribunal.
