Interesting exchange between the BBC’s Edward Stourton and former Hague Tribunal Chief Prosecutor Richard Goldstone during Stourton’s “United Nations – or not?” series in 2003.
“Making a link between the idea of justice and the idea of peace and security?”
“It’s interesting, you said, that the court was – the courts were established under chapter 7 of the United Nations Charter which is really about peace and security not about justice. Was that sort of creative law making – making a link between the idea of justice and the idea of peace and security that was established at the time that the Yugoslavia and Rwanda courts were set up?”
“It was indeed and for that reason it came as a huge surprise to international humanitarian lawyers that a first ever international criminal court would come from the Security Council and not from a treaty.”