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International Criminal Tribunal for the former Yugoslavia

International Criminal Tribunal for the former Yugoslavia

Overview
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a body of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 established to prosecute serious crimes committed during the wars in the former Yugoslavia
Yugoslav wars
The Yugoslav Wars were a series of wars, fought throughout the former Yugoslavia between 1991 and 1995. The wars were complex: characterized by bitter ethnic conflicts among the peoples of the former Yugoslavia, mostly between Serbs on the one side and Croats and Bosniaks on the other; but also...

, and to try their perpetrators.
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Encyclopedia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a body of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 established to prosecute serious crimes committed during the wars in the former Yugoslavia
Yugoslav wars
The Yugoslav Wars were a series of wars, fought throughout the former Yugoslavia between 1991 and 1995. The wars were complex: characterized by bitter ethnic conflicts among the peoples of the former Yugoslavia, mostly between Serbs on the one side and Croats and Bosniaks on the other; but also...

, and to try their perpetrators. The tribunal is an ad hoc court which is located in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...

, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

.

The Court was established by Resolution 827
United Nations Security Council Resolution 827
United Nations Security Council Resolution 827, adopted unanimously on May 25, 1993, after reaffirming Resolution 713 and all subsequent resolutions on the topic of the former Yugoslavia, approved report S/25704 of Secretary-General Boutros Boutros-Ghali, with the Statute of the International...

 of the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

, which was passed on 25 May 1993. It has jurisdiction over four clusters of crime committed on the territory of the former Yugoslavia
Yugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....

 since 1991: grave breaches of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...

, violations of the laws or customs of war
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...

, genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...

, and crime against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...

. The maximum sentence it can impose is life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

. Various countries have signed agreements with the UN to carry out custodial sentences.

The final indictments were issued in December 2004, the last of which were confirmed and unsealed in the spring of 2005. The Tribunal aims to complete all trials by the end of 2012 and all appeals by 2015, with the exception of Radovan Karadžić
Radovan Karadžic
Radovan Karadžić is a former Bosnian Serb politician. He is detained in the United Nations Detention Unit of Scheveningen, accused of war crimes committed against Bosnian Muslims and Bosnian Croats during the Siege of Sarajevo, as well as ordering the Srebrenica massacre.Educated as a...

 whose trial is expected to end in 2014 and recently arrested Ratko Mladić
Ratko Mladić
Ratko Mladić is an accused war criminal and a former Bosnian Serb military leader. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia...

 and Goran Hadžić
Goran Hadžic
Goran Hadžić is a former president of the Republic of Serbian Krajina who was in office during the Croatian War of Independence. He is accused of crimes against humanity and of violation of the laws and customs of war by the International Criminal Tribunal for the former Yugoslavia.The court...

.

The United Nations Security Council called upon the Tribunal to finish its work by 31 December 2014 to prepare for its closure and transfer of its responsibilities to the International Residual Mechanism for Criminal Tribunals
International Residual Mechanism for Criminal Tribunals
The International Residual Mechanism for Criminal Tribunals is a mechanism established by United Nations Security Council resolution 1966 to finish the work begun by the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda . It will be subdivided...

 which will begin functioning for the ICTY branch on 1 July 2013. The Tribunal will conduct and complete all outstanding first instance trials, including those of Radovan Karadžić
Radovan Karadžic
Radovan Karadžić is a former Bosnian Serb politician. He is detained in the United Nations Detention Unit of Scheveningen, accused of war crimes committed against Bosnian Muslims and Bosnian Croats during the Siege of Sarajevo, as well as ordering the Srebrenica massacre.Educated as a...

 , Ratko Mladić
Ratko Mladić
Ratko Mladić is an accused war criminal and a former Bosnian Serb military leader. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia...

 and Goran Hadžić
Goran Hadžic
Goran Hadžić is a former president of the Republic of Serbian Krajina who was in office during the Croatian War of Independence. He is accused of crimes against humanity and of violation of the laws and customs of war by the International Criminal Tribunal for the former Yugoslavia.The court...

. It will conduct and complete all appeal proceedings for which the notice of appeal against the judgement or sentence is filed before 1 July 2013. Any appeals for which notice is filed after that date will be handled by the Residual Mechanism.

Hadžić became the last of 161 indicted fugitives to be arrested after Serbian President Boris Tadic
Boris Tadic
Boris Tadić is the President of Serbia and leader of the Democratic Party. He was elected to a five-year term on 27 June 2004, and was sworn into office on 11 July. He was re-elected for a de facto second five-year term on 3 February 2008 and was sworn in on 15 February...

 announced his arrest on 20 July 2011.

Creation



United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

 Resolution 808
United Nations Security Council Resolution 808
United Nations Security Council Resolution 808, adopted unanimously on February 22, 1993, after reaffirming Resolution 713 and subsequent resolutions on the situation in former Yugoslavia, including resolutions 764 , 771 and 780 , the Council, after stating its determination to put an end to...

 of February 22, 1993 decided that "an international tribunal shall be established for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991" and calling on the Secretary-General to "submit for consideration by the Council … a report on all aspects of this matter, including specific proposals and where appropriate options … taking into account suggestions put forward in this regard by Member States".

The Court was originally proposed by German Foreign Minister Klaus Kinkel
Klaus Kinkel
Klaus Kinkel is a German civil servant, lawyer, and politician of the liberal Free Democratic Party . He served as Federal Minister of Justice , Foreign Minister and Vice Chancellor of Germany in the government of Helmut Kohl. He was also chairman of the liberal Free Democratic Party from 1993...

. By 25 May 1993, the international community had tried to pressure the leaders of the former Yugoslavian republics diplomatically, militarily, politically, economically, and – with Resolution 827 – through juridical means. Resolution 827
United Nations Security Council Resolution 827
United Nations Security Council Resolution 827, adopted unanimously on May 25, 1993, after reaffirming Resolution 713 and all subsequent resolutions on the topic of the former Yugoslavia, approved report S/25704 of Secretary-General Boutros Boutros-Ghali, with the Statute of the International...

 of 25 May 1993 approved report S/25704 of the Secretary-General and adopted the Statute of the International Tribunal annexed to it, formally creating the ICTY. It would have jurisdiction over four clusters of crime committed on the territory of the former Yugoslavia
Yugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....

 since 1991: grave breaches of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...

, violations of the laws or customs of war
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...

, genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...

, and crime against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...

. The maximum sentence it can impose is life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

.

Implementation


In 1993, the ICTY built its internal infrastructure.

Various countries have signed agreements with the UN to carry out custodial sentences.

1993-1994: In the first year of its existence, the Tribunal laid the foundations for its existence as a judicial organ. The international court established the legal framework of the Tribunal's operations by adopting the rules of procedure and evidence, as well as its rules of detention and directive for the assignment of defense counsel. Together these rules established a legal aid system for the Tribunal. As the ICTY was part of the United Nations and as it was the first international court for criminal justice, the development of a juridical infrastructure considered quite a challenge. However after the first year the first ICTY judges had drafted and adopted all the rules for court proceedings.

1994-1995: The ICTY completed a courtroom and detention facilities in Scheveningen in The Hague (The Netherlands). The ICTY hired now many staff members. By July 1994 there were sufficient staff members in the office of the prosecutor to begin field investigations and by November 1994 the first indictment was presented and confirmed. In 1995, the entire staff numbered more than 200 persons and came from all over the world. Moreover, some governments assigned their legally trained people to the ICTY.

Operation


In 1994 the first indictment was issued against the Bosnian-Serb concentration camp commander Dragan Nikolić and in 1995 the second indictment was issued against a group of 21 Bosnian-Serbs who were charged with committing atrocities against Muslim and Croat civilian prisoners. While the war in the former Yugoslavia was still raging, the ICTY prosecutors showed that an international court was viable. However, no accused was arrested. The last indictment was issued 15 March 2004. The Tribunal aims to complete all trials by the middle of 2011 and all appeals by 2013, with the exception of Radovan Karadžić
Radovan Karadžic
Radovan Karadžić is a former Bosnian Serb politician. He is detained in the United Nations Detention Unit of Scheveningen, accused of war crimes committed against Bosnian Muslims and Bosnian Croats during the Siege of Sarajevo, as well as ordering the Srebrenica massacre.Educated as a...

 whose trial is expected to end in 2012 and the appeal to be heard by February 2014. The prosecutions of Ratko Mladic
Ratko Mladić
Ratko Mladić is an accused war criminal and a former Bosnian Serb military leader. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia...

 (arrested 26 May 2011) and Goran Hadžić
Goran Hadžic
Goran Hadžić is a former president of the Republic of Serbian Krajina who was in office during the Croatian War of Independence. He is accused of crimes against humanity and of violation of the laws and customs of war by the International Criminal Tribunal for the former Yugoslavia.The court...

 (arrested 20 July 2011) do not fall within the court's completion strategy.

The court confirmed 8 indictments against 46 individuals and issued arrest warrants. Duško Tadic´ became the subject of the Tribunal's first trial. The Bosnian-Serb Duško Tadić was arrested by German police in Munich in 1994 for his alleged actions in the Prijedor region in Bosnia-Herzegovina (especially his actions in the Omarska, Trnopolje and Keraterm detention camps). Tadic´ made his initial appearance before the ICTY Trial Chamber on 26 April 1995 and pleaded not guilty to all of the charges in the indictment.

1995-1996: Between June 1995 and June 1996, 10 public indictments had been confirmed against a total of 33 individuals. Six of the newly indicted persons were transferred in the Tribunal's detention unit. In addition to Duško Tadic, by June 1996 the tribunal had Tihofil Blaškic, Dražen Erdemovic, Zejnil Delalic, Zdravko Mucic, Esad Landžo and Hazim Delic in custody. The accused Erdemovic became the first person to enter a guilty plea before the tribunal's court. Between 1995 and 1996, the ICTY also dealt with miscellaneous cases involving several detainees - Djukic, Krsmanovic, Kremenovic, Lajic - which never reached the trial stage. Some of the accused had been arrested and others surrendered to the ICTY. However, most of the new states that came out of Yugoslavia - most notably Serbia and the Serbian entity in Bosnia-Herzegovina - refused to cooperate with the international tribunal.

Accomplishments


In 2004, the ICTY published a list of five successes which it claimed it had accomplished:
  1. "Spearheading the shift from impunity to accountability", pointing out that, until very recently, it was the only court judging crimes committed as part of the Yugoslav conflict, since prosecutors in the former Yugoslavia were, as a rule, reluctant to prosecute such crimes;
  2. "Establishing the facts", highlighting the extensive evidence-gathering and lengthy findings of fact that Tribunal judgments produced;
  3. "Bringing justice to thousands of victims and giving them a voice", pointing out the large number of witnesses that had been brought before the Tribunal;
  4. "The accomplishments in international law", describing the fleshing out of several international criminal law concepts which had not been ruled on since the Nuremberg Trials;
  5. "Strengthening the Rule of Law", referring to the Tribunal's role in promoting the use of international standards in war crimes prosecutions by former Yugoslav republics.

Organisation


The Tribunal employs around 1,200 staff. Its organisational components are Chambers, Registry and the Office of the Prosecutor (OTP).


Prosecutors


The Prosecutor is responsible for investigating crimes, gathering evidence and prosecutions and is head of the Office of the Prosecutor (OTP). The Prosecutor is appointed by the UN Security Council upon nomination by the UN Secretary-General.

The current prosecutor is Serge Brammertz
Serge Brammertz
Serge Brammertz is a Belgian jurist, and the prosecutor for the International Criminal Tribunal for the former Yugoslavia.Brammertz was deputy prosecutor of the International Criminal Court from 2002 to 2007...

. Previous Prosecutors have been Ramón Escovar Salom of Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...

 (1993–1994), Richard Goldstone
Richard Goldstone
Richard Joseph Goldstone is a South African former judge. After working for 17 years as a commercial lawyer, he was appointed by the South African government to serve on the Transvaal Supreme Court from 1980 to 1989 and the Appellate Division of the Supreme Court of South Africa from 1990 to 1994...

 of South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

 (1994–1996), Louise Arbour
Louise Arbour
Louise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...

 of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 (1996–1999), Eric Östberg of Sweden, and Carla Del Ponte
Carla Del Ponte
Carla Del Ponte is a former Chief Prosecutor of two United Nations international criminal law tribunals. A former Swiss attorney general, she was appointed prosecutor for the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda in August...

 of Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

 (1999–2007), who until 2003, simultaneously served as the Prosecutor of the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...

 where she led the OTP since 1999. David Tolbert
David Tolbert
David Tolbert currently serves as the third president of the International Center for Transitional Justice, a global human rights organization with headquarters in New York....

, the President of the International Center for Transitional Justice
International Center for Transitional Justice
The International Center for Transitional Justice was founded in 2001 as a non-profit organization dedicated to pursuing accountability for mass atrocity and human rights abuse through transitional justice mechanisms.-Mission statement:...

, was also appointed Deputy Prosecutor of the ICTY.

Chambers


Chambers encompasses the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s and their aides. The Tribunal operates three Trial Chambers and one Appeals Chamber. The President of the Tribunal is also the presiding Judge of the Appeals Chamber.

Judges


There are 15 permanent judges and 10 ad litem
Ad litem
Ad litem is a term used in law to refer to a party appointed by a court to act in a lawsuit on behalf of another party—for instance, a child or an incapacitated adult—who is deemed incapable of representing him or herself...

 judges who serve on the tribunal.

UN member and observer states each submit up to two nominees of different nationalities to the UN Secretary-General. The UN Secretary-General submits this list to the UN Security Council which selects from 22 to 33 nominees and submits these nominees to the UN General Assembly. The UN General Assembly then elects 11 judges from that list. Judges serve for 4 years and the UN Secretary-General selects replacements in case of vacancy.

On 17 November 2008, Judge Patrick Lipton Robinson (Jamaica) was elected as the new President of the ICTY by the permanent judges in an Extraordinary Plenary Session. Judge O-Gon Kwon
O-Gon Kwon
O-Gon Kwon is a noted Korean and international judge and is one of the three judges in the trial for Slobodan Milošević...

 (South Korea) was elected as the new Vice-President. His predecessors were Antonio Cassese
Antonio Cassese
Antonio Cassese was an Italian jurist who specialized in public international law. He was formerly associated with the Special Tribunal for Lebanon which he presided over until his resignation on health grounds in 1 October 2011...

 of Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 (1993–1997), Gabrielle Kirk McDonald
Gabrielle Kirk McDonald
Gabrielle Anne Kirk McDonald is an American lawyer and jurist who served as a judge for the United States District Court for the Southern District of Texas and on the International Criminal Tribunal for the former Yugoslavia...

 of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 (1997–1999), Claude Jorda
Claude Jorda
Claude Jorda is a French jurist and former Judge at the International Criminal Court . He resigned "for reasons of permanent ill-health". Previously, he had been a Judge at the International Criminal Tribunal for the former Yugoslavia since January 1994.-External links:*...

 of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 (1999–2002), Theodor Meron
Theodor Meron
Theodor Meron was the President of the International Criminal Tribunal for the former Yugoslavia until 2005, and now serves as a judge on the Appeals Chambers of the International Criminal Tribunal for Rwanda and the ICTY. On October 19, 2011, he was elected to a second two-year term as President...

 of the United States (2002–2005), Fausto Pocar
Fausto Pocar
Judge Fausto Pocar is an Italian jurist. He is professor of International Law at the University of Milan. From 1984 to 2000, he was elected member of the Human Rights Committee of the United Nations, serving as the committee's chairman from 1991 to 1992...

 of Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 (2005–2008).
Name Country Position Elected Term Ends
Fausto Pocar
Fausto Pocar
Judge Fausto Pocar is an Italian jurist. He is professor of International Law at the University of Milan. From 1984 to 2000, he was elected member of the Human Rights Committee of the United Nations, serving as the committee's chairman from 1991 to 1992...

 
 Italy Judge 2001
Patrick Lipton Robinson
Patrick Lipton Robinson
Patrick Lipton Robinson is the President of the International Criminal Tribunal for the Former Yugoslavia, a position he was elected to in November 2008...

 
  Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...

 
President 1998
Carmel A. Agius    Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...

 
Presiding Judge 2001
Alphons M. M. Orie
Alphons Orie
Alphonsus Martinus Maria Orie better known as Alphons Orie is a Dutch former lawyer specialising in criminal law and is now one of the thirty-two judges at the International Criminal Tribunal for the former Yugoslavia in The Hague.Orie spent seventeen years until 1997 on the bar, and then four...

 Netherlands Presiding Judge 2001
Burton Hall
Burton Hall
Burton Hall is in the small village of Burton to the southeast of the larger village of Tarvin, Cheshire, England. It has been designated by English Heritage as a Grade II* listed building....

 The Bahamas Judge 2009
Mehmet Güney
Mehmet Güney
Mehmet Güney is an international judge and Turkish diplomat who was born in Siirt, Turkey, in 1936. Mr. Güney began his career in 1959 as an administrative assistant in the office of the governor of Ankara before becoming a member of the Ankara Bar Association in 1964...

  Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

Judge 2001
Liu Daqun    People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...

Judge 2000 2012
Andrésia Vaz   Senegal Judge 2005 2011
Theodor Meron
Theodor Meron
Theodor Meron was the President of the International Criminal Tribunal for the former Yugoslavia until 2005, and now serves as a judge on the Appeals Chambers of the International Criminal Tribunal for Rwanda and the ICTY. On October 19, 2011, he was elected to a second two-year term as President...

 
  United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 
Judge 2001
Christoph Flügge
Christoph Flügge
Christoph Flügge is a German jurist and judge. From June 2001 to February 2007, he was Secretary of State in the Department of Justice of the State of Berlin. On 18 September 2008, he was appointed permanent judge at the International Criminal Tribunal for the former Yugoslavia...

 
 Germany Judge 2008
O-Gon Kwon
O-Gon Kwon
O-Gon Kwon is a noted Korean and international judge and is one of the three judges in the trial for Slobodan Milošević...

 
 South Korea Vice-President 2001
Jean-Claude Antonetti    France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 
Judge 2003
Howard Morrison
Howard Morrison (lawyer)
Howard Andrew Clive Morrison CBE is a British lawyer and, since August 2009, a Judge of the International Criminal Tribunal for the former Yugoslavia based in The Hague, Netherlands.-Legal career:...

 
 United Kingdom Judge 2009 2012
Guy Delvoie   Belgium Judge 2009
Bakone Justice Moloto
Bakone Justice Moloto
Bakone Justice Moloto is a South African former lawyer, now a judge at the International Criminal Tribunal for the former Yugoslavia in The Hague.Moloto gained a degree in law from the University of South Africa....

 
 South Africa Judge 2005 2011
Pedro David   Argentina Ad Litem Judge 2008
Melville Baird   Trinidad and Tobago Ad Litem Judge 2008
Elizabeth Gwaunza   Zimbabwe Ad Litem Judge 2008
Árpád Prandler
Árpád Prandler
Árpád Prandler is a Hungarian jurist and, since 2006, an Ad Litem Judge of the International Criminal Tribunal for the former Yugoslavia based in The Hague, Netherlands.-Selected works:*Az ENSZ Biztonsági Tanácsa. Budapest: Közgazdasági és Jogi. 1974....

 
  Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...

 
Ad Litem Judge 2006 2012
Stefan Trechsel    Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

 
Ad Litem Judge 2006 2012
Antoine Kesia-Mbe Mindua   Republic of the Congo Ad Litem Judge 2006 2012
Prisca Matimba Nyambe   Zambia Ad Litem Judge 2009
Michèle Picard   Early Modern France Ad Litem Judge 2008
Frederik Harhoff    Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...

 
Ad Litem Judge 2007 2013
Flavia Lattanzi    Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 
Ad Litem Judge 2007 2013


List of judges provided on Organs of the Tribunal at: http://www.icty.org/sid/151

Registry


The Registry is responsible for handling the administration of the Tribunal; activities include keeping court records, translating court documents, transporting and accommodating those who appear to testify, operating the Public Information Section, and such general duties as payroll administration, personnel management and procurement. It is also responsible for the Detention Unit for indictees being held during their trial and the Legal Aid program for indictees who cannot pay for their own defence. It is headed by the Registrar, currently John Hocking of Australia (since May 2009). His predecessors were Hans Holthuis of the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

 (2001–2009), Dorothée de Sampayo Garrido-Nijgh of the Netherlands (1995–2000), and Theo van Boven
Theo van Boven
Theo van Boven is a Dutch jurist and professor emeritus in international law.In 1977 he was appointed director of the United Nations' Division for Human Rights....

 of the Netherlands (February 1994 to December 1994).

Detention facilities



Those defendants on trial and those who were denied a provisional release are detained at the United Nations Detention Unit on the premises of the Penitentiary Institution Haaglanden, location Scheveningen
Belgisch Park
Belgisch Park is a subdistrict of district Scheveningen in The Hague, the Netherlands. The area has around 7,900 residents and contains many trees and the adjoining “Nieuwe Scheveningse Bosjes” and “Oostduinen”. The buildings date from the period 1870–1940...

, located some 3 km by road from the courthouse.

The indicted are housed in private cells which have a toilet, shower, radio, satellite TV, personal computer (without Internet access) and other comforts. They are allowed to phone family and friends daily and can have conjugal visits. There is also a library, a gym and various rooms used for religious observances. The inmates are allowed to cook for themselves. All of the inmates mix freely and are not segregated on the basis of nationality; Serbian and Bosnian Muslim detainees (once mortal enemies) now reportedly share friendly chess and backgammon games and watch film screenings. As the cells are more akin to a university residence instead of a jail, some have derisively referred to the ICT as the “Hague Hilton”.

The reason for this luxury relative to other prisons is that the first president of the court wanted to emphasise that the indictees are innocent until proven guilty.

Indictees


Since the very first hearing (referral request in the Tadić case) on 8 November 1994, the Tribunal has indicted 161 individuals, and has already completed proceedings with regard to 100 of them: five have been acquitted, 48 sentenced (seven are awaiting transfer, 24 have been transferred, 16 have served their term, and one died while serving his sentence), 11 have had their cases transferred to local courts. Another 36 cases have been terminated (either because indictments were withdrawn or because the accused died, before or after transfer to the Tribunal).

The indictees ranged from common soldiers to generals and police commanders all the way to Prime Ministers. Slobodan Milošević
Slobodan Milošević
Slobodan Milošević was President of Serbia and Yugoslavia. He served as the President of Socialist Republic of Serbia and Republic of Serbia from 1989 until 1997 in three terms and as President of the Federal Republic of Yugoslavia from 1997 to 2000...

 was the first sitting head of state indicted for war crimes. Other "high level" indictees included Milan Babić
Milan Babic
Milan Babić was from 1991 to 1995 the first President of the Republic of Serbian Krajina, a Croatian region at the time of the war largely populated by a Serbs of Croatia that wished to break away from Croatia.He was indicted for war crimes by the International Criminal Tribunal for the Former...

, former President of the Republika Srpska Krajina; Ramush Haradinaj
Ramush Haradinaj
Ramush Haradinaj is a former leader of the Kosovo Liberation Army and former prime minister of Kosovo. He leads the Alliance for the Future of Kosovo and is among former KLA officers charged of war crimes during the 1999 Kosovo War by the International Criminal Tribunal for the former Yugoslavia...

, former Prime Minister of Kosovo
Prime Minister of Kosovo
The Prime Minister of Kosovo is Head of Government of the disputed Republic of Kosovo .The Prime Minister and the Government of Kosovo, which he or she heads, are responsible for their actions to the Assembly of Kosovo, of which they must all be members...

; Radovan Karadžić
Radovan Karadžic
Radovan Karadžić is a former Bosnian Serb politician. He is detained in the United Nations Detention Unit of Scheveningen, accused of war crimes committed against Bosnian Muslims and Bosnian Croats during the Siege of Sarajevo, as well as ordering the Srebrenica massacre.Educated as a...

, former President of the Republika Srpska; Ratko Mladić
Ratko Mladić
Ratko Mladić is an accused war criminal and a former Bosnian Serb military leader. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia...

, former Commander of the Bosnian Serb Army and Ante Gotovina
Ante Gotovina
Ante Gotovina is a former Senior Corporal of the French Foreign Legion and former Lieutenant General of the Croatian Army who served in the Croatian War for Independence...

, former General of the Croatian Army.

Haradinaj's trial began at The Hague on 5 March 2007 and the closing brief was given on 23 January 2008. The final decision of the ICTY was expected in March 2008. On 3 April 2008, ICTY issued a public notice of the Haradinaj verdict, in which he was acquitted of all charges. The judge said much of the evidence had been non-existent against Haradinaj or at best inconclusive. But he also complained of witness intimidation, saying some witnesses had not testified because they had been afraid. On 21 July 2010, the cases of UÇK (Kosovo Liberation Army
Kosovo Liberation Army
The Kosovo Liberation Army or KLA was a Kosovar Albanian paramilitary organization which sought the separation of Kosovo from Federal Republic of Yugoslavia in the 1990s....

) commanders Ramush Haradinaj
Ramush Haradinaj
Ramush Haradinaj is a former leader of the Kosovo Liberation Army and former prime minister of Kosovo. He leads the Alliance for the Future of Kosovo and is among former KLA officers charged of war crimes during the 1999 Kosovo War by the International Criminal Tribunal for the former Yugoslavia...

, Idriz Balaj and Lahi Brahimaj were re-opened for trial.

As of November 2008, there were eight ongoing trials and a further four cases in the pre-trial stage. Ten further cases are at the appeals stage. The accused currently at the appeals stage include Sefer Halilović, Fatmir Limaj and Isak Musliu (who have been acquitted and released but against whom an appeal by the Office of the Prosecutor is running), as well as Amir Kubura and Naser Orić. These two accused have been sentenced and granted early release (Kubura) and release (Orić), but the OTP has appealed against the Trial Chamber's Judgements. A further 19 individuals have also been the subject of contempt proceedings. Croat Serb General and former President of the Republic of Serbian Krajina
Republic of Serbian Krajina
The Republic of Serbian Krajina was a self-proclaimed Serb entity within Croatia. Established in 1991, it was not recognized internationally. It formally existed from 1991 to 1995, having been initiated a year earlier via smaller separatist regions. The name Krajina means "frontier"...

 Goran Hadžić
Goran Hadžic
Goran Hadžić is a former president of the Republic of Serbian Krajina who was in office during the Croatian War of Independence. He is accused of crimes against humanity and of violation of the laws and customs of war by the International Criminal Tribunal for the former Yugoslavia.The court...

 became the last fugitive wanted by the Tribunal to be arrested on 20 July 2011.

Criticism


Skeptics argued that an international court could not function while the war in the former Yugoslavia was still going on. This would be a huge undertaking for any court, but for the ICTY it would be an even greater one, as the new tribunal still needed judges, a prosecutor, a registrar, investigative and support staff, an extensive interpretation and translation system, a legal aid structure, premises, equipment, courtrooms, detention facilities, guards and all the related funding.

Criticisms levelled against the court include:
  • On December 6, 2006, the Tribunal at The Hague approved the use of force-feeding
    Force-feeding
    Force-feeding is the practice of feeding a person or an animal against their will. "Gavage" is supplying a nutritional substance by means of a small plastic tube passed through the nose or mouth into the stomach, not explicitly 'forcibly'....

     of Serbia
    Serbia
    Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...

    n politician Vojislav Šešelj
    Vojislav Šešelj
    Vojislav Šešelj, JD is a Serbian politician, writer and lawyer. He is the founder and president of the Serbian Radical Party and was vice-president of Serbia between 1998 and 2000...

    . They decided it was not "torture, inhuman or degrading treatment if there is a medical necessity to do so...and if the manner in which the detainee is force-fed is not inhuman or degrading".

  • Reducing the indictment charges - after the arrest of Ratko Mladić
    Ratko Mladić
    Ratko Mladić is an accused war criminal and a former Bosnian Serb military leader. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia...

    , Croatian officials publicly condemned chief prosecutor Serge Brammertz
    Serge Brammertz
    Serge Brammertz is a Belgian jurist, and the prosecutor for the International Criminal Tribunal for the former Yugoslavia.Brammertz was deputy prosecutor of the International Criminal Court from 2002 to 2007...

     for his announcement that the former Bosnian Serb General will be on trial only for crimes committed in Bosnia, but not for those crimes committed in Croatia (Škabrnja massacre
    Škabrnja massacre
    Škabrnja massacre was a war crime committed by Serb Army forces during the Croatian War of Independence. On November 18, 1991, Serb paramilitaries, supported by the JNA, captured the village of Škabrnja and killed 25 Prisoners of war and 61 civilians over the next several days.-Before the...

    , shelling of Zadar
    Zadar
    Zadar is a city in Croatia on the Adriatic Sea. It is the centre of Zadar county and the wider northern Dalmatian region. Population of the city is 75,082 citizens...

    , Šibenik
    Šibenik
    Šibenik is a historic town in Croatia, with population of 51,553 . It is located in central Dalmatia where the river Krka flows into the Adriatic Sea...

    , Požega
    Požega
    Požega can refer to one of the following towns:* Požega, Croatia* Požega County, administrative subdivision of the Kingdom of Croatia-Slavonia from the 12th century to 1920* Požega, Serbia, town in Zlatibor district of Serbia...

    , Kijevo
    Kijevo
    Kijevo is a Serbo-Croatian toponym that may refer to:* Kijevo, Belgrade, a suburb of Belgrade, Serbia* Kijevo, Croatia, a village in inland Dalmatia, Croatia* Kijevo, East Sarajevo, a village in Bosnia and Herzegovina...

     as well as the destruction of the Peruća dam).

  • Critics have questioned whether the Tribunal exacerbates tensions rather than promotes reconciliation, as is claimed by Tribunal supporters. Polls show a generally negative reaction to the Tribunal among the Serb and Croat public. The majority of Croats and Serbs doubt the tribunal's integrity and question the tenability of its legal procedures (although the Serbian and Croatian opinions on the court are almost always exactly the opposite with regard to the cases that involve both parties).

  • Critics, even within the United Nations, have complained of the Tribunal's high cost. The two-year budget for the Tribunal for 2004 and 2005 was $271,854,600 (currently $ million). The cost is borne by all U.N. members.

  • Critics have also complained of the length of trials, with some extending for several years. Supporters of the Tribunal respond that many of the defendants are charged with multiple crimes against many victims, all of which must be proven beyond reasonable doubt, thus requiring long trials. Simultaneous translation also slows trials.

  • No indictments for NATO officials - even though the ICTY indicted and convicted individuals from every nation involved in the Yugoslav Wars, not a single indictment has been issued for NATO officials. Noam Chomsky
    Noam Chomsky
    Avram Noam Chomsky is an American linguist, philosopher, cognitive scientist, and activist. He is an Institute Professor and Professor in the Department of Linguistics & Philosophy at MIT, where he has worked for over 50 years. Chomsky has been described as the "father of modern linguistics" and...

     observed that the ICTY should have indicted Tony Blair
    Tony Blair
    Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...

     and Bill Clinton
    Bill Clinton
    William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

     together with Milosevic over Kosovo War.

  • 68% of indictees have been Serbs
    Serbs
    The Serbs are a South Slavic ethnic group of the Balkans and southern Central Europe. Serbs are located mainly in Serbia, Montenegro and Bosnia and Herzegovina, and form a sizable minority in Croatia, the Republic of Macedonia and Slovenia. Likewise, Serbs are an officially recognized minority in...

     (or Montenegrins), to the extent that a sizeable portion of the Bosnian Serb and Croatian Serbian political and military leaderships have been indicted. Many have seen this as reflecting bias, while the Tribunal's defenders have seen this as indicative of the actual proportion of crimes committed. However, Marko Attila Hoare
    Marko Attila Hoare
    Marko Attila Hoare is a British historian of the former Yugoslavia who also writes about the current affairs of Southeast Europe, especially the Balkans including Turkey and the Caucasus.-Biography:...

     observed how, apart from Milošević, only Momčilo Perišić
    Momcilo Perišic
    Momčilo Perišić was a Serbian general and Chief of the General Staff of the Yugoslav Army until 1998. On 6 September 2011 Perišić was found guilty for war crimes and crimes against humanity and was sentenced to 27 years of imprisonment...

     (Chief of the General Staff of the Yugoslav Army
    Yugoslav Army
    Aside from the Yugoslav People's Army, the terms Yugoslav Army, Army of Yugoslavia, or Military of Yugoslavia may refer to:* Yugoslav Partisans , the Yugoslav resistance army during World War II...

    ) has been indicted from the Serbian military or political top when it comes to wars in Croatia and Bosnia.

  • According to Attila Hoare, a former employee at the ICTY, an investigative team worked on indictments of senior members of the ‘joint criminal enterprise’, including not only Milosevic but also Veljko Kadijevic
    Veljko Kadijevic
    Veljko Kadijević is a former General of the Yugoslav People's Army . He was the Minister of Defence in the Yugoslav government from 1988 until his resignation in 1992, which made him de facto commander of JNA during the Ten-Day War in Slovenia and the initial stages of the War in...

    , Blagoje Adzic
    Blagoje Adžic
    Blagoje Adžić was the acting minister of defence in the Yugoslav government. He is of Serbian ethnicity. Although his rank was Colonel General, he was in charge of the Yugoslav People's Army after the resignation of general Veljko Kadijević in 1992...

    , Borisav Jovic
    Borisav Jovic
    Borisav Jović is a former Serbian communist politician, who served as the Serbian member of the collective presidency of Yugoslavia during the late 1980s and early 1990s...

    , Branko Kostic
    Branko Kostic
    Branko Kostić was a Montenegrin Serb politician. He served as the President of the Presidency of the Socialist Republic of Montenegro from March 1989 to December 1990, and then as the acting Chairman of the Presidency of the Socialist Federal Republic of Yugoslavia from 1991 to 1992...

    , Momir Bulatovic
    Momir Bulatovic
    Momir Bulatović , formerly served as a Yugoslavian and Montenegrin politician. Bulatović became federal President of Montenegro while Montenegro was part of a Yugoslav federation, and also Prime Minister of the Federal Republic of Yugoslavia...

     and others. However, upon Carla del Ponte’s intervention, these drafts were rejected, and the indictment limited to Milosevic alone, as a result of which most of these individuals were never indicted.

  • Allegations of censorship - in July 2011, the Appeals Chamber of ICTY confirmed the judgment of the Trial Chamber which found journalist and former Tribunal’s OTP spokesperson Florence Hartmann
    Florence Hartmann
    Florence Hartmann is a French journalist and author. During the 1990s she was a correspondent in the Balkans for the French newspaper Le Monde. In 1999 she published her first book, Milosevic, la diagonale du fou, reissued by Gallimard in 2002...

     guilty of contempt of court and fined her €7,000. She disclosed documents of FR Yugoslavia’s Supreme Defense Council meetings and criticized the Tribunal for granting confidentiality of some information in them to protect Serbia’s ‘vital national interests' during Bosnia's lawsuit against the country for genocide in front of the International Court of Justice
    International Court of Justice
    The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

    . Hartmann argued that Serbia was freed of charge of genocide because ICTY redacted some information in the Council meetings. Since these documents have in the meantime been made public by the ICTY itself, a group of organizations and individuals who supported her said that the Tribunal in this appellate proceedings "imposed a form of censorship aimed to protect the international judges from any form of criticism".

  • Klaus-Peter Willsch
    Klaus-Peter Willsch
    Klaus-Peter Willsch is a German politician of the CDU party and member of the Bundestag.He attended the University of Mainz and received a masters degree in Economics and Political science. He served in the military service and worked at first at an airport.After joining the CDU, he started his...

     compared the Ante Gotovina
    Ante Gotovina
    Ante Gotovina is a former Senior Corporal of the French Foreign Legion and former Lieutenant General of the Croatian Army who served in the Croatian War for Independence...

     verdict, where the late Croatian president Franjo Tuđman was posthumously found to have been participating in a Joint Criminal Enterprise
    Joint Criminal Enterprise
    Joint criminal enterprise ' is a legal doctrine used by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav wars 1991-1999....

    , with the 897 Cadaver Synod
    Cadaver Synod
    The Cadaver Synod is the name commonly given to the posthumous ecclesiastical trial of Catholic Pope Formosus, held in the Basilica of St...

     trial in Rome
    Rome
    Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...

    , when Pope Stephen VI
    Pope Stephen VI
    Pope Stephen VI was Pope from May 22, 896 to August 897.He had been made bishop of Anagni by Pope Formosus. The circumstances of his election are unclear, but he was sponsored by one of the powerful Roman families, the house of Spoleto, that contested the papacy at the time.Stephen is chiefly...

     had the corpse of Pope Formosus
    Pope Formosus
    Pope Formosus was Pope of the Catholic Church from 891 to 896. His brief reign as Pope was troubled, and his remains were exhumed and put on trial in the notorious Cadaver Synod.-Biography:...

     exhumed, put on trial and posthumously found guilty.

  • Too mild sentences - some circles, even within the Tribunal, complained at small sentences of convicted war criminals in comparison with their crimes. In 2010, Veselin Šljivančanin
    Veselin Šljivancanin
    Veselin Šljivančanin is a former Montenegrin officer in the Yugoslav People's Army who participated in the Battle of Vukovar and was subsequently convicted on a war crimes indictment by the International Criminal Tribunal for the Former Yugoslavia for his role in the Vukovar massacre...

    's sentence for his involvement in the Vukovar massacre
    Vukovar massacre
    The Vukovar massacre, also known as Vukovar hospital massacre or simply Ovčara, was a war crime that took place between November 20 and November 21, 1991 near the city of Vukovar, a mixed Croat/Serb community in northeastern Croatia...

     was cut from 17 to 10 years, which caused outrage in Croatia. Upon hearing that news, Dr. Vesna Bosanac, in charge of the Vukovar hospital during the fall of the city, said that the "ICTY is dead" for her: "For crimes that he [Šljivančanin], had committed in Vukovar, notably at Ovcara, he should have been jailed for life. I'm outraged...The Hague(-based) tribunal has showed again that it is not just a tribunal." Danijel Rehak, the head of Croatian Association of Prisoners in Serbian Concentration Camps
    Croatian Association of Prisoners in Serbian Concentration Camps
    Croatian Association of Prisoners in Serbian Concentration Camps is an association of former prisoners in Serbian jails and prison camps during the Croatian War of Independence. The organization was founded in Zagreb in 1995 and began its work that same year . Its offices are located on Ban...

    , said: "The shock of families whose beloved ones were killed at Ovcara is unimaginable. The court made a crucial mistake by accepting a statement of a JNA officer to whom Sljivancanin was a commander. I cannot understand that." Pavle Strugar
    Pavle Strugar
    Pavle Strugar is a retired Montenegrin general in the Yugoslav People's Army who was found guilty of war crimes for his role in the siege of Dubrovnik....

    's 8 year sentence for shelling of Dubrovnik
    Dubrovnik
    Dubrovnik is a Croatian city on the Adriatic Sea coast, positioned at the terminal end of the Isthmus of Dubrovnik. It is one of the most prominent tourist destinations on the Adriatic, a seaport and the centre of Dubrovnik-Neretva county. Its total population is 42,641...

    , a UNESCO
    UNESCO
    The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...

     World Heritage Site, also caused outrage in Croatia. Judge Kevin Horace Parker has even been named in a Croatian Journal as the main cause of failure of the system because he dismissed numerous testimonies of witnesses.


Some of the defendants, such as Slobodan Milošević
Slobodan Milošević
Slobodan Milošević was President of Serbia and Yugoslavia. He served as the President of Socialist Republic of Serbia and Republic of Serbia from 1989 until 1997 in three terms and as President of the Federal Republic of Yugoslavia from 1997 to 2000...

, claimed that the Court has no legal authority because it was established by the UN Security Council instead of the UN General Assembly, therefore it had not been created on a broad international basis. The Tribunal was established on the basis of Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...

; the relevant portion of which reads "the Security Council can take measures to maintain or restore international peace and security". The legal criticism has been succinctly stated in a Memorandum issued by Austrian Professor Hans Köchler
Hans Köchler
Hans Köchler is a professor of philosophy at the University of Innsbruck, Austria, and president of the International Progress Organization, a non-governmental organization in consultative status with the United Nations...

, which was submitted to the President of the Security Council in 1999. British Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...

 MEP
Member of the European Parliament
A Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,...

 Daniel Hannan
Daniel Hannan
Daniel John Hannan is a British journalist, author and politician who is currently a Member of the European Parliament, representing South East England for the Conservative Party and the European Conservatives and Reformists political group...

 has called for the court to be abolished, claiming that it is anti-democratic and a violation of national sovereignty.

See also

  • Command responsibility
    Command responsibility
    Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....

  • Joint Criminal Enterprise
    Joint Criminal Enterprise
    Joint criminal enterprise ' is a legal doctrine used by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav wars 1991-1999....

  • International Criminal Court
    International Criminal Court
    The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

  • International Criminal Tribunal for Rwanda
    International Criminal Tribunal for Rwanda
    The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...

  • List of indictees of the International Criminal Tribunal for the former Yugoslavia
  • Arrest and prosecution of Radovan Karadžić

External links