1. See The Rome Stature of the International Criminal Court (1998) 37 ILM 1002; Prosecutor v. Tihomir Blaskić, Appeal Judgment, IT-95-14-A, 28 July 2004, at para. 47.
2. Although I do not want to stress facile arguments about the failure of ICTs to do much, it is true that failure to achieve a proper understanding of the distinctness of ICTs also fails to tell us what they might do better than domestic courts or states — always a pressing concern in the face of ever more insistent reassertions of sovereignty. I have argued elsewhere that something symbolic is gained by the mere fact of individuals being prosecuted by international tribunals, but clearly being ‘more international’ is not perceived as a goal in itself, at least for most states. See F. Mégret, ‘In Defense of Hybridity: Towards a Representational Theory of International Criminal Justice’ (2005) 38 Cornell International Law Journal 725. The internationalization of criminal justice, an otherwise costly and resource intensive endeavor (and I do not mean merely financial resources) needs to constantly justify in terms of what it achieves. Contra those who would reduce the success of international criminal justice to the number of individuals tried (and therefore to its sole impunity-reducing dimension), it seems important to understand how international criminal justice is also qualitatively different from domestic criminal justice.
3. Prosecutor v. Dragan Nikolić, Decision on Defence Motion Challenging the Exercise of Jurisdiction by the Tribunal, Case No. IT-94-2-PT, 9 October 2002, at para. 76: ‘As the case law of this Tribunal has emphasized time and again, the relationship between the Tribunal and national jurisdictions is not horizontal, but vertical’; ‘... vertical character of the co-operation between the Tribunal on the one hand and States and other entities on the other.’
4. G.K. McDonald and O. Swaak-Goldman, Substantive and Procedural Aspects of International Criminal Law: The Experience of International and National Courts (2000), at 1247.
5. R. Falk, ‘International Jurisdiction: Horizontal and Vertical Conceptions of Legal Order’ (1959) 32 Temple Law Quarterly 295.