International Criminal Tribunal for the former Yugoslavia

International Criminal Tribunal
for the former Yugoslavia

The Tribunal building in The Hague
Established 25 May 1993
Jurisdiction former Yugoslavia
Location The Hague, the Netherlands
Authorized by United Nations Security Council Resolution 827
Judge term length Four years
Number of positions 16 permanent
12 ad litem
Website http://www.icty.org/
President
Currently Theodor Meron (United States)
Since 17 November 2011
Jurist term ends 2010

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 established to prosecute serious crimes committed during the wars in the former Yugoslavia, and to try their perpetrators. The tribunal is an ad hoc court which is located in The Hague, the Netherlands.

The Court was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It has jurisdiction over four clusters of crime committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crime against humanity. The maximum sentence it can impose is life imprisonment. 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.[1] The Tribunal aims to complete all trials by the end of 2012 and all appeals by 2015,[2] with the exception of Radovan Karadžić whose trial is expected to end in 2014[2] and recently arrested Ratko Mladić and Goran Hadžić.

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 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, Ratko Mladić and Goran Hadžić. 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.[3]

Hadžić became the last of 161 indicted fugitives to be arrested after Serbian President Boris Tadic announced his arrest on 20 July 2011.[4]

Contents

History

Creation

United Nations Security Council Resolution 808 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.[5] 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 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 since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crime against humanity. The maximum sentence it can impose is life imprisonment.

Implementation

In 1993, the ICTY built its internal infrastructure.

17 states have signed an agreement with the ICTY to carry out custodial sentences[6]

1993-1994: In the first year of its existence, the Tribunal laid the foundations for its existence as a judicial organ. The Tribunal established the legal framework for its 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 is part of the United Nations and as it was the first international court for criminal justice, the development of a juridical infrastructure was 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. This was followed on 13 February 1995 by two indictments comprising 21 individuals which were issued against a group of 21 Bosnian-Serbs 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.[7]

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:[8][9]

  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 900 staff.[10] 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).[11] The Prosecutor is appointed by the UN Security Council upon nomination by the UN Secretary-General.[12]

The current prosecutor is Serge Brammertz. Previous Prosecutors have been Ramón Escovar Salom of Venezuela (1993–1994), Richard Goldstone of South Africa (1994–1996), Louise Arbour of Canada (1996–1999), Eric Östberg of Sweden, and Carla Del Ponte of Switzerland (1999–2007), who until 2003, simultaneously served as the Prosecutor of the International Criminal Tribunal for Rwanda where she led the OTP since 1999. David Tolbert, the President of the International Center for Transitional Justice, was also appointed Deputy Prosecutor of the ICTY.

Chambers

Chambers encompasses the judges 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 16 permanent judges and 9 ad litem judges who serve on the tribunal.[13]

UN member and observer states each submit up to two nominees of different nationalities to the UN Secretary-General.[14] The UN Secretary-General submits this list to the UN Security Council which selects from 28 to 42 nominees and submits these nominees to the UN General Assembly.[14] The UN General Assembly then elects 14 judges from that list.[14] Judges serve for 4 years and are eligible for re-election.[14] The UN Secretary-General appoints replacements in case of vacancy for the remainder of the term of office concerned.[14]

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 (South Korea) was elected as the new Vice-President.[15] His predecessors were Antonio Cassese of Italy (1993–1997), Gabrielle Kirk McDonald of the United States (1997–1999), Claude Jorda of France (1999–2002), Theodor Meron of the United States (2002–2005), Fausto Pocar of Italy (2005–2008).

Name Country Position Elected Term Ends
Fausto Pocar  Italy Judge 2001
Patrick Lipton Robinson Jamaica President 1998
Carmel A. Agius Malta Presiding Judge 2001
Alphons M. M. Orie  Netherlands Presiding Judge 2001
Burton Hall  The Bahamas Judge 2009
Mehmet Güney Turkey Judge 2001
Liu Daqun People's Republic of China Judge 2000 2012
Andrésia Vaz  Senegal Judge 2005 2011
Theodor Meron United States Judge 2001
Christoph Flügge  Germany Judge 2008
O-Gon Kwon  South Korea Vice-President 2001
Jean-Claude Antonetti France Judge 2003
Howard Morrison  United Kingdom Judge 2009 2012
Guy Delvoie  Belgium Judge 2009
Bakone Justice Moloto  South Africa Judge 2005 2011
Arlette Ramaroson  Madagascar Ad Litem Judge 2011
Melville Baird  Trinidad and Tobago Ad Litem Judge 2008
Elizabeth Gwaunza  Zimbabwe Ad Litem Judge 2008
Árpád Prandler Hungary Ad Litem Judge 2006 2012
Stefan Trechsel Switzerland 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  France Ad Litem Judge 2008
Frederik Harhoff Denmark Ad Litem Judge 2007 2013
Flavia Lattanzi Italy 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 (2001–2009), Dorothée de Sampayo Garrido-Nijgh of the Netherlands (1995–2000), and Theo van Boven 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, 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”.[16]

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.[17]

Indictees

Main article: List of people indicted in the International Criminal Tribunal for the former Yugoslavia

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 126 of them: 13 have been acquitted, 64 sentenced (1 is awaiting transfer, 26 have been transferred, 34 have served their term, and 3 died while serving their sentences), 13 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).[18]

The indictees ranged from common soldiers to generals and police commanders all the way to Prime Ministers. Slobodan Milošević was the first sitting head of state indicted for war crimes.[19] Other "high level" indictees included Milan Babić, former President of the Republika Srpska Krajina; Ramush Haradinaj, former Prime Minister of Kosovo; Radovan Karadžić, former President of the Republika Srpska; Ratko Mladić, former Commander of the Bosnian Serb Army and Ante Gotovina, former General of the Croatian Army.

Haradinaj's trial began at The Hague on 5 March 2007[20] and the closing brief was given on 23 January 2008.[21] 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.[22] But he also complained of witness intimidation, saying some witnesses had not testified because they had been afraid.[22] On 21 July 2010, the cases of UÇK (Kosovo Liberation Army) commanders Ramush Haradinaj, Idriz Balaj and Lahi Brahimaj were re-opened for trial.[23]

As of December 2011, there were seven ongoing trials and a further two cases in the pre-trial stage. Six further cases are at the appeals stage.[ ] The accused currently at the appeals stage [18] include Ante Gotovina and Mladen Markač, Milan Lukić and Sredoje Lukić and Vujadin Popović. A further 23 individuals have also been the subject of contempt proceedings.[24] Croat Serb General and former President of the Republic of Serbian Krajina Goran Hadžić became the last fugitive wanted by the Tribunal to be arrested on 20 July 2011.[4]

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:

Some of the defendants, such as Slobodan Milošević, 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; 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, which was submitted to the President of the Security Council in 1999. British Conservative Party MEP Daniel Hannan has called for the court to be abolished, claiming that it is anti-democratic and a violation of national sovereignty.[41]

See also

References

  1. ^ "History of the office of the prosecutor". http://www.icty.org/sid/95. 
  2. ^ a b "ICTY Completion Strategy Report 18 May 2011". http://www.icty.org/x/file/About/Reports%20and%20Publications/CompletionStrategy/completion_strategy_18may2011_en.pdf. 
  3. ^ "UNSC Resolution 1966". http://www.icty.org/x/file/About/Reports%20and%20Publications/ResidualMechanism/101222_sc_res1966_residualmechanism_en.pdf. 
  4. ^ a b Serbia's last war crimes fugitive arrested Al Jazeera, 20 July 2011
  5. ^ Hazan, Pierre. 2004. Justice in a Time of War: The True Story Behind the International Criminal Tribunal for the Former Yugoslavia. College Station: Texas A & M University Press
  6. ^ "Enforcement of Sentences". http://www.icty.org/sid/10276. 
  7. ^ Pronk, E.: "The ICTY and the people from the former Yugoslavia. A reserved relationship."
  8. ^ "'The Tribunal's Accomplishments in Justice and Law'" (PDF). http://www.icty.org/x/file/Outreach/view_from_hague/jit_accomplishments_en.pdf. Retrieved 2011-11-30. 
  9. ^ "ICTY at a glance". Un.org. 2007-03-05. http://www.un.org/icty/glance-e/index.htm. Retrieved 2011-11-30. 
  10. ^ "Employment section of ICTY website". http://www.icty.org/sid/106. 
  11. ^ Statute of the International Tribunal, Annex of Report S/25704 of the UN Secretary-General, Article 16(1)
  12. ^ Statute of the International Tribunal, Annex of Report S/25704 of the UN Secretary-General, Article 16(4)
  13. ^ "The Judges’ section of ICTY website". http://www.icty.org/sid/151. 
  14. ^ a b c d e "Article 13bis". http://www.icty.org/x/file/Legal%20Library/Statute/statute_sept09_en.pdf. 
  15. ^ Judge Robinson elected new ICTY President from Hague Justice Portal
  16. ^ Evans, Judith (26 October 2009). "Radovan Karadzic cell life". The Times (London). http://www.timesonline.co.uk/tol/news/world/europe/article6891319.ece. Retrieved 5 May 2010. 
  17. ^ Stephen, Chris (13 March 2006). "Milosevic jail under scrutiny". BBC News. http://news.bbc.co.uk/2/hi/europe/4801626.stm. Retrieved 5 May 2010. 
  18. ^ a b "ICTY website Key Figures". http://www.icty.org/sections/TheCases/KeyFigures. 
  19. ^ "ASIL.org". ASIL.org. http://www.asil.org/insights/insigh90.htm. Retrieved 2011-11-30. 
  20. ^ "Washington Post/Associated Press, Ex-Kosovo PM Pleads Innocent at Hague, 1 March 2007". Washingtonpost.com. 2007-03-01. http://www.washingtonpost.com/wp-dyn/content/article/2007/03/01/AR2007030100536.html. Retrieved 2011-11-30. 
  21. ^ "Closing Arguments in Haradinaj Trial". Iwpr.net. 1981-02-01. http://iwpr.net/?p=tri&s=f&o=342239&apc_state=henhicr. Retrieved 2011-11-30. 
  22. ^ a b Hague court acquits Kosovo ex-PM from BBC News
  23. ^ "Partial re-trial for Haradinaj, Balaj and Brahimaj". Icty.org. http://www.icty.org/action/cases/4. Retrieved 2011-11-30. 
  24. ^ "ICTY website Contempt Cases". http://www.icty.org/action/contemptcases/27. 
  25. ^ Traynor, Ian (December 7, 2006). "War crimes tribunal orders force-feeding of Serbian warlord". London: The Guardian. http://www.guardian.co.uk/yugo/article/0,,1966016,00.html. Retrieved 2007-09-16. 
  26. ^ "Amnesty accuses Nato of war crimes". Guardian. 7 June 2000. http://www.guardian.co.uk/world/2000/jun/07/balkans1. Retrieved 4 June 2011. 
  27. ^ "Kosor will insist on expansion of indictment against Mladic". Daily Portal. 3 June 2011. http://daily.tportal.hr/131532/Kosor-says-will-insist-on-expansion-of-indictment-against-Mladic.html. Retrieved 4 June 2011. 
  28. ^ "Croatia Crimes 'Won't Be Included' in Mladic Indictment". Balkaninsight. 2 June 2011. http://www.balkaninsight.com/en/article/croatia-crimes-won-t-be-included-in-mladic-indictment. Retrieved 4 June 2011. 
  29. ^ Jeffrey T. Kuhner (April 20, 2011.). "New Balkan war? Hague convicts Croatian hero, incites designs for ‘Greater Serbia’". World Tribune. http://www.worldtribune.com/worldtribune/WTARC/2011/k0463_04_20.asp. Retrieved April 20, 2011. 
  30. ^ a b c d e Marko Attila Hoare (April 2008). "Genocide in Bosnia and the failure of international justice". Kingston University. http://eprints.kingston.ac.uk/5511/1/Hoare-M-5511.pdf. Retrieved March 23, 2011. 
  31. ^ Consumer Price Index (estimate) 1800–2008. Federal Reserve Bank of Minneapolis. Retrieved December 7, 2010.
  32. ^ "On the NATO Bombing of Yugoslavia - Noam Chomsky interview". RTS Online. April 25, 2006. http://www.chomsky.info/interviews/20060425.htm. Retrieved 20 April 2011. 
  33. ^ "General jailed for Dubrovnik role". BBC News. 31 January 2005. http://news.bbc.co.uk/2/hi/europe/4222749.stm. Retrieved 16 June 2011. 
  34. ^ Attila Hoare, Marko (January 10, 2008). "Florence Hartmann’s ‘Peace and Punishment’". Wordpress.com. http://greatersurbiton.wordpress.com/2008/01/10/florence-hartmanns-peace-and-punishment/. Retrieved 9 April 2011. 
  35. ^ Attila Hoare, Marko (June 2005). "The Capitulation of the Hague Tribunal". Henry Jackson Society. http://www.henryjacksonsociety.org/stories.asp?id=298. Retrieved 9 April 2011. 
  36. ^ "FLORENCE HARTMANN CASE: CONVICTION AND SENTENCE UPHELD ON APPEAL". The Hague: Sense Agency. 19 July 2011. http://www.sense-agency.com/icty/florence-hartmann-case-conviction-and-sentence-upheld-on-appeal.29.html?cat_id=1&news_id=13029. Retrieved 21 July 2011. 
  37. ^ Klaus-Peter Willsch (2 June 2011). "Die Leichensynode von Den Haag [The Cadaver Synod at the Hague"] (in German). Frankfurter Allgemeine. http://www.faz.net/artikel/C30189/fremde-federn-klaus-peter-willsch-die-leichensynode-von-den-haag-30375259.html. Retrieved 4 June 2011. 
  38. ^ "Ten years in prison for Miroslav Deronjic". The Hague: Sense Agency. March 30, 2004. http://www.sense-agency.com/icty/ten-years-in-prison-for-miroslav-deronjic.29.html?cat_id=1&news_id=8520. Retrieved 8 May 2011. "Judge Schomburg however thinks that the punishment is not proportional to the crime and is not within mandate and spirit of this Tribunal. According to him, the crime to which Deronjic pleaded guilty "deserves a sentence of no less than twenty years of imprisonment". In a brief summary of his dissenting opinion that he read after pronouncing the sentence imposed by the majority, Judge Schomburg criticized the prosecution for having limited Deronjic's responsibility in the indictment to "one day and to the village of Glogova." Secondly, Judge Schomburg adds that the "heinous and long-planned crimes committed by a high-ranking perpetrator do not allow for a sentence of only ten years", which in light of his possible early release could mean that the accused would spend only six years and eight months in prison. At the end of his dissenting opinion, Judge Schomburg quoted a statement by one of Deronjic's victims. The victim said that his guilty plea "can heal the wounds" that the Bosniak community in eastern Bosnia still feels - "provided that he is punished adequately". According to the victim, "a mild punishment would not serve any purpose."" 
  39. ^ a b Dejong, Peter (December 8, 2010). "War crimes court cuts Serb's massacre sentence". The Vancouver Sun. http://www.vancouversun.com/news/Warcrimes+court+cuts+Serb+massacre+sentence/3947423/story.html. Retrieved 17 March 2011. 
  40. ^ a b Jelinič, Berislav (October 2, 2010). "Kevin Parker – The judge who freed the villains of Vukovar". Nacional. http://www.nacional.hr/en/clanak/38490/kevin-parker-the-judge-who-freed-the-villains-of-vukovar. Retrieved 17 March 2011. 
  41. ^ Hannan, Daniel (26 February 2007). "He went unsung to his grave". London: The Daily Telegraph. http://blogs.telegraph.co.uk/daniel_hannan/blog/2007/02/26/he_went_unsung_to_his_grave. Retrieved 2009-05-24. 

Further reading

  • Ackerman, J.E. and O'Sullivan, E.: Practice and procedure of the International Criminal Tribunal for the Former Yugoslavia: with selected materials for the International Criminal Tribunal for Rwanda, The Hague, KLI, 2000.
  • Aldrich, G.H.: Jurisdiction of the International Criminal Tribunal for the Former Yugoslavia, American Journal of International Law, 1996, pp. 64–68.
  • Bassiouni, M.C.: The Law of the International Criminal Tribunal of the Former Yugoslavia, New York, Transnational Publications, 1996.
  • Boelaert-Suominen, S.: The International Criminal Tribunal for the Former Yugoslavia (ICTY) anno 1999: its place in the international legal system, mandate and most notable jurisprudence, Polish Yearbook of International Law, 2001, pp. 95–155.
  • Boelaert-Suominen, S.: The International Criminal Tribunal for the Former Yugoslavia and the Kosovo Conflict, International Review of the Red Cross, 2000, pp. 217–251.
  • Cassese, Antonio: The ICTY: A Living and Vital Reality”, Journal of International Criminal Justice Vol.2, 2004, No.2, pp. 585–597
  • Cisse, C.: The International Tribunals for the Former Yugoslavia and Rwanda: some elements of comparison, Transnational Law and Contemporary Problems, 1997, pp. 103–118.
  • Clark, R.S. and SANN, M.: A critical study of the International Criminal Tribunal for the Former Yugoslavia, European Journal of International Law, 1997, pp. 198–200.
  • Goldstone, R.J.: Assessing the work of the United Nations war crimes tribunals, Stanford Journal of International Law, 1997, pp. 1–8.
  • Ivković, S.K.: Justice by the International Criminal Tribunal for the Former Yugoslavia, Stanford Journal of International Law, 2001, pp. 255–346.
  • Jones, J.W.R.D.: The practice of the international criminal tribunals for the Former Yugoslavia and Rwanda, New York, Transnational, 2000.
  • Kaszubinski, M.: The International Criminal Tribunal for the Former Yugoslavia, in: Bassiouni, M.C. (ed.), Post-conflict justice, New York, Transnational, 2002, pp. 459–585.
  • Kerr, R.: International judicial intervention: the International Criminal Tribunal for the Former Yugoslavia, International Relations, 2000, pp. 17–26.
  • Kerr, R.: The International Criminal Tribunal for the Former Yugoslavia: an exercise in law, politics and diplomacy, Oxford, OUP, 2004.
  • King, F. and La Rosa, A.: Current Developments. International Criminal Tribunal for the Former Yugoslavia, B.T.I.R., 1997, pp. 533–555.
  • Klip, A. and Sluiter, G.: Annotated leading cases of international criminal tribunals; (Vol. III) The International Criminal Tribunal for the Former Yugoslavia 2000-2001, Schoten, Intersentia, 2003.
  • Köchler, Hans: Global Justice or Global Revenge? International Criminal Justice at the Crossroads, Vienna/New York, Springer, 2003, pp. 166–184.
  • Kolb, R.: The jurisprudence of the Yugoslav and Rwandan Criminal Tribunals on their jurisdiction and on international crimes, British Yearbook of International Law, 2001, pp. 259–315.
  • Lamb, S.: The powers of arrest of the International Criminal Tribunal for the Former Yugoslavia, British Yearbook of International Law, 2000, pp. 165–244.
  • Laughland, J.: Travesty: The Trial of Slobodan Milošević and the Corruption of International Justice, London, Pluto Press, 2007.
  • Lescure, K.: International justice for former Yugoslavia: the working of the International Criminal Tribunal of the Hague, The Hague, KLI, 1996.
  • McDonald, G.K.: Reflections on the contributions of the International Criminal Tribunal for the Former Yugoslavia, Hastings International and Comparative Law Review, 2001, pp. 155–172.
  • Mettraux, G.: Crimes against humanity in the jurisprudence of the International Criminal Tribunal for the Former Yugoslavia and for Rwanda, Harvard International Law Journal, 2002, pp. 237–316.
  • Morris, V. and Scharf, M.P.: An insider's guide to the International Criminal Tribunal for the Former Yugoslavia, African Yearbook of International Law, 1995, pp. 441–446.
  • Murphy, S.D.: Progress and jurisprudence of the International Criminal Tribunal for the Former Yugoslavia, American Journal of International Law, 1999, pp. 57–96.
  • Panovsky, D.: Some war crimes are not better than others: the failure of the International Criminal Tribunal for the Former Yugoslavia to prosecute war crimes in Macedonia, Northwestern University Law Review, 2004, pp. 623–655.
  • Pilouras, S.: International Criminal Tribunal for the Former Yugoslavia and Milosevic's trial, New York Law School Journal of Human Rights, 2002, pp. 515–525.
  • Pronk, E.: "The ICTY and the people from the former Yugoslavia. A reserved relationship." (thesis)
  • Roberts, K.: The law of persecution before the International Criminal Tribunal for the Former Yugoslavia, Leiden Journal of International Law, 2002, pp. 623–663.
  • Robinson, P.L.: Ensuring fair and expeditious trials at the International Criminal Tribunal for the Former Yugoslavia, European Journal of International Law, 2000, pp. 569–589.
  • Shenk, M.D.: International Criminal Tribunal for the Former Yugoslavia and for Rwanda, The International Lawyer, 1999, pp. 549–554.
  • Shraga, D. and Zackalin, R.: The International Criminal Tribunal for the Former Yugoslavia, European Journal of International Law, 1994, pp. 360–380.
  • Sjocrona, J.M.: The International Criminal Tribunal for the Former Yugoslavia: some introductory remarks from a defence point of view, Leiden Journal of International Law, 1995, pp. 463–474.
  • Tolbert, David: The ICTY: Unforeseen Successes and Foreseeable Shortcomings, The Fletcher Forum of World Affairs, Vol.26, No.2, Summer/Fall 2002, pp. 7–20
  • Tolbert, David: Reflections on the ICTY Registry, Journal of International Criminal Justice, Vol.2, No.2, 2004, pp. 480–485
  • Vierucci, L.: The First Steps of the International Criminal Tribunal for the Former Yugoslavia, European Journal of International Law, 1995, pp. 134–143.
  • Warbrick, C. and McGoldrick, D.: Co-operation with the International Criminal Tribunal for the Former Yugoslavia, International and Comparative Law Quarterly, 1996, pp. 947–953.
  • Wilson, Richard Ashby: ‘Judging History: the Historical Record of the International Criminal Tribunal for the Former Yugoslavia.’ Human Rights Quarterly. 2005. August. Vol. 27, No. 3, pp. 908–942.

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