Richard Goldstone on the legal basis of the ICTY

This interesting exchange came in the BBC Radio Documentary The Final Judgement: Searching for International Justice  September 9, 2003.  The BBCs Edward Stourton was talking to Richard Goldstone, the ICTYs first Chief Prosecutor about The Hague Tribunal (ICTY).  It suggests that Goldstone was well aware that the ICTY had been created on a very fragile legal basis.

EDWARD STOURTON: 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 – that was … 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?

RICHARD GOLDSTONE: It was indeed and for that reason it came as huge surprise to international humanitarian lawyers that a first ever international criminal court would come from the Security Council and not from a treaty.