Colombia - Displaced women in Turbo remember 'the disappeared' (Philip Jones Griffiths/Magnum Photos)

Internationally recognized standards of protection will only be effectively upheld when they are given the force of law, and when violations are regularly and reliably sanctioned. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda and the adoption of the Rome Statute to establish a permanent International Criminal Court are major steps in this direction. As  the tribunals bring war criminals to justice and more nations ratify the Rome Statute, the atmosphere of impunity in which violators of human rights have operated is evaporating. The recent conviction of three Bosnian Serbs on charges of sexual slavery is a major, and precedent setting, case in point.

But while international prosecution plays an important role in encouraging compliance with international humanitarian and human rights laws, consistent enforcement largely depends on national judicial systems and on the willingness of governments to bring alleged criminals to justice.

This may entail the prosecution of perpetrators for crimes committed on that government's territory or even, based on the principle of universal jurisdiction, for crimes committed elsewhere by individuals who are not nationals of that State. A growing number of States have started to do just that. In Belgium, four Rwandans were convicted of of violations of international humanitarian law by the first Belgian jury ever to pass judgment on alleged crimes committed in another country. Other more publicized examples include the United Kingdom's arrest, at the request of Spanish authorities, of former Chilean President Pinochet on charges of torture, and the arrest of Chad's former President Hissein Habre by Senegal on similar charges.

The successful prosecution of individual criminals can go a long way toward helping to heal the wounds of war by allowing victims to feel that justice has been done. In so many cases however, it is practically impossible to prosecute all suspected perpetrators of conflict-related crimes. Truth and reconciliation efforts have become an accepted method of addressing impunity and helping people overcome a violent past. One is planned for Sierra Leone and East Timor and several other post-conflict states are considering this approach. However, a Truth Commission should never be a substitute for individual prosecution. Instead, it should combine the search for truth with an account of past abuses, the promotion of national reconciliation and the bolstering of democracy. The prescription for overcoming impunity must be adapted to the specific circumstances of the conflict and area at issue.