Introduction:

Military tribunals basically works where the conventional criminal and civil jurisdiction fails to operate. So it is beyond the scope of the civil and criminal jurisdiction of the state. Therefore, special judges are appointed by the community of states to hare such judicial proceedings. Where a variety of military officials serve as judges for the tribunal. However these tribunals are kept at a certain level of secrecy for the purpose of regular inquiries and trials.

Therefore the International Military Tribunals were started in October 1945 at Berlin, with the first tribunal trial known as the Nuremberg Trials. Basically it was initiated to condemn war crimes, conspiracy to commit crimes against peace, planning, initiating and waging wars of aggression as well as crimes against humanity. (Nuremberg Trials definition)

War crimes are related to the violations to the rule of law during wartime. These are basically the violation of the limits of violence permitted by law during wartime. These are in both the shape of treaties as well as customs, which are the two important sources of international law. However, these rules are related to many aspect of wartime. For instance it concerns to the status of soldiers and their rights, the rules related to the conduct of warfare, the treatment of the prisoners of war and most importantly the rules related to the occupation over another power via war that specifically deals with the rights and duties of the belligerents and the various citizens. Therefore any offence against these rules either set by the international treaties or customs are considered to be war crimes and these rules are a part of international law.

Historical Development of War Crimes Tribunals during Wartime

As Military Tribunals are a part of international law, it must be known that all such jurisdictions are criminal jurisdiction not civil, which exclusively depends upon the nature as well as the place of the crime. Where the connection to any such state via the nationality of the offender is determined for the application of this jurisdiction that is trial under military tribunals. However, serious crimes that include war crimes, crimes against peace and crimes against humanity, genocide, piracy, slavery, e, as well as torture are taken to trial in these tribunals. (Princeton Principles)

Though the Holy Roman Empire of the German Nation had set up an international tribunal long back in 1974 for the trial against rap civilians during wartime as well as killing and robbing these civilians at the same time. This encouraged the tribunal system under international law for crimes, which were committed during the wartime. (Bassiouni, M. Chief, 1991)

During the Post World War I period, war crimes were trailed by a set of jury to make decisions against such cases. However, these were not much well known due to the insufficient information provided about regarding these criminal prosecutions during the World War I. The Nuremberg Tribunal and the Tokyo Trials are openly known not only among the lawyers community but also all over internationally. Moreover, following the Versaillies Peace Treaty right after the end pf World War I, a commission was set to investigate the breach of law and customs of war in periods of war. (Report of Commission, 1995) These commissions also created some procedural rules as well as statutes for a war Crime Tribunals for the easy follow up of the other Military Tribunals during wartime. Moreover this International Military Tribunal for war crimes was more effectively used for important decisions after the Nuremberg Tribunals and Tokyo Trial, in the Former Yugoslavia, Rwanda, General Augusto Pinochet against criminal offences to the Spanish civilians, against the government of Hissene Habre` who had extensively committed human rights violation from 1982- 1990. Where presently Tribunals are also set and being set for many other war crimes like The Korea International War Crimes, DRC Tribunal under the supervision of UN is also getting ready for an International Criminal Tribunal against war crimes (if Kinshasa requests), a Tribunal is also to be set against the French forces in Algeria, the war crimes against Saddam Hussain is also to be investigated and set for trial under the Tribunal, a Tribunal is also requested to be set against the Israelis by the Arabs for War Crimes and not last but the least it is also thought to Put Clinton on trial for War Crimes against his involvement in the Kosovo genocide and sanctions against Iraq. (Global Policy Forum and International Justice)

Modern Approaches to War Crimes

With the advancement of technology and the changing trends of globalization, the traditional trends of war crimes have also taken a sophisticated shape, which is more dangerous then, the traditional ones. As a consequence, a remarkable change in war crimes, genocide as well as various crimes against humanity is observed since the states as well as the international community are very much aware of the Nuremberg Trials and other of the same kind. Therefore, the emerging conflicts resulting in atrocities are overshadowed by the political, economic as well as social concerns. (York University. 2003) This could be understood as a negative impact of globalization where there are many positive aspect of it. A classical and recent example is also the Pentagon Attack on September 11th, which is not only a crime against humanity but also considered a very sophisticated shape of International terrorism,

Military Tribunals and Combating Terrorism

Terrorism is the systematic use of terror and use of violence against governments, the masses and civilians for the purpose to achieve certain political goals. Therefore, it has been used in the past as well as present by various nationalist and ethnic groups, revolutionaries as well as by the armies and confidential police of various governments. So it is not a new phenomenon as it has been in practice through out the history in every part of the globe for instance it was used during the ancient Greek history in shape of physiological warfare against their enemy population, in Rome, during the Spanish Inquisition and then the French Revolution, the American Civil War and so on in the present global scenario the intensity is much high for terrorism. However the traditional practice of terrorism has changed with the end of the cold war as a new and advanced ideology has emerged that bounds the world into a global village. Yes with the emergence of globalization and modernization, terrorism has taken a very horrifying shape as now the uses of automatic, biological as well as nuclear weapons of mass destruction are in the hands of the various terrorist groups.

As a consequence the international community and the various International as well as State base Military Tribunals are focusing more to secure the world from both international as well as state terrorism. State are individually working in this regard as well as the United Nations and the other various organizations are working in accordance to achieve the goal to combat terrorism. Where states cannot participate in the decision-making policies and financial support to this cause they help in other means to support the movement. For instance after the September 11th event, Pakistan has played an active role in regard to investigate and occupy the concerning terrorist of the mishap.

Furthermore, the international community has joined hands to combat terrorism specifically after the Pentagon attack. Consequently, USA and European countries have decided to establish military tribunals to punish the various terrorists. Therefore, they started working collectively as France expanded its police forces in regard to combat terrorism, Spain limited various organizations that were associated to any revolutionary or guerrilla group, where Germany became flexible on its policy to tap telephones, Britain provided detention rights to the criminal offenders with out any out side interference and not last but the least European Union has done a remarkable job by formulating a common arrest warrant along setting definition of a terrorist act.