International Criminal Tribunal for the former Yugoslavia

International Criminal Tribunal
for the former Yugoslavia

Logo of the Tribunal
Established 25 May 1993
Country United Nations
Location The Hague, Netherlands
Coordinates 52°04′04″N 4°21′13″E / 52.0679°N 4.3535°E / 52.0679; 4.3535Coordinates: 52°04′04″N 4°21′13″E / 52.0679°N 4.3535°E / 52.0679; 4.3535
Authorized by United Nations Security Council Resolution 827
Judge term length Four years
Number of positions 16 permanent
12 ad litem
Website Official website of ICTY
President
Currently Carmel Agius (Malta)
Since 17 November 2015

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 Yugoslav Wars, and to try their perpetrators. The tribunal is an ad hoc court which is located in The Hague, 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 crimes 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 crimes 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 had aimed to complete all trials by the end of 2012 and all appeals by 2015,[2] with the exception of Radovan Karadžić whose trial was expected to end in 2014[2] and Ratko Mladić and Goran Hadžić, who were not arrested until 2011.

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 began functioning for the ICTY branch on 1 July 2013. The Tribunal will conduct and complete all outstanding first instance trials, including those of Karadžić, Mladić and Hadžić. It will conduct and complete all appeal proceedings for which the notice of appeal against the judgement or sentence was 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 Tadić announced his arrest on 20 July 2011.[4]

History

Yugoslav Wars and Genocide

Main article: Yugoslav Wars

The former state of Yugoslavia was divided into separate republics, leading to a war that caused severe civilian casualties on all sides. When discussing the events of the 1990s, historians and sociologists have used the phrases war crimes and genocide to describe the actions of military leaders, especially those of Croatia and Bosnia. The term genocide is often controversial – and is separate in meaning to mass killing – because it implies the killing and displacement of an entire ethnic, national, racial, religious or political group [5] During the Yugoslav Wars the Srebrenica Massacre became the most infamous systematic killing of a religious group on European soil since the Holocaust. At least 7,475 Muslim men, women and children were killed by Serbian paramilitary troops.[6]

Coined after World War Two by Rafael Lemkin and adopted by the United Nations General Assembly in 1948,[7] the term has developed into one of the most crucial laws of international co-operation. In its brief history in international law, the understanding of genocide has helped law makers to create a reasonable method for prosecuting accused perpetrators of “the crimes of crimes” as stated by historian William Schabas [8] which has led to the creation of Tribunals such as the ICTY.

Creation

Report S/25704 of the UN Secretary-General, including the proposed Statute of the International Tribunal, approved by UN Security Council Resolution 827.

United Nations Security Council Resolution 808 of 22 February 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.[9] 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 S/25704 report 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.[10]

1993-94: 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.

1994-95: The ICTY established its offices within the Aegon Insurance Building in The Hague (which was, at the time, still partially in use by Aegon)[11] 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

The Tribunal building in The Hague

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.[12]

The court confirmed 8 indictments against 46 individuals and issued arrest warrants. Bosnian Serb indictee Duško Tadić became the subject of the Tribunal's first trial. 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). He made his first appearance before the ICTY Trial Chamber on 26 April 1995, and pleaded not guilty to all of the charges in the indictment.

1995–96: 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 Tihomir Blaškić, Dražen Erdemović, Zejnil Delalić, Zdravko Mucić, Esad Landžo and Hazim Delić in custody. Erdemović became the first person to enter a guilty plea before the tribunal's court. Between 1995 and 1996, the ICTY dealt with miscellaneous cases involving several detainees, which never reached the trial stage. Some of the accused had been arrested and others surrendered to the ICTY.

Accomplishments

In 2004, the ICTY published a list of five successes which it claimed it had accomplished:[13][14]

  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 to justice 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.

Organization

The Tribunal employs around 900 staff.[15] Its organisational components are Chambers, Registry and the Office of the Prosecutor (OTP).

Lateral view of the building.

Prosecutors

The Prosecutor is responsible for investigating crimes, gathering evidence and prosecutions and is head of the Office of the Prosecutor (OTP).[16] The Prosecutor is appointed by the UN Security Council upon nomination by the UN Secretary-General.[17]

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.[18]

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 20 permanent judges and three ad litem judges who serve on the Tribunal.[19][20]

UN member and observer states can each submit up to two nominees of different nationalities to the UN Secretary-General.[21] 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.[21] The UN General Assembly then elects 14 judges from that list.[21] Judges serve for 4 years and are eligible for re-election. The UN Secretary-General appoints replacements in case of vacancy for the remainder of the term of office concerned.[21]

On 21 October 2015, Judge Carmel Agius of Malta was elected President of the ICTY and Liu Daqun of China was elected Vice-President; they will assume their new positions on 17 November 2015.[22] His predecessors were Antonio Cassese of Italy (1993–97), Gabrielle Kirk McDonald of the United States (1997–99), Claude Jorda of France (1999–2002), Meron (again; 2002–05), Fausto Pocar of Italy (2005–08), Patrick Robinson of Jamaica (2008–11), and Theodor Meron of the United States (2011–15).

Name State Position(s) Term began Term ended
Abi-Saab, GeorgesGeorges Abi-Saab  Egypt Permanent 17 November 1993 1 October 1995
Afande, KoffiKoffi Afande  Togo Permanent 12 December 2013 In office
Cassese, AntonioAntonio Cassese  Italy Permanent / President (former) 17 November 1993 17 February 2000
Deschênes, JulesJules Deschênes  Canada Permanent 17 November 1993 1 May 1997
Karibi-Whyte, AdolphusAdolphus Karibi-Whyte  Nigeria Permanent / Vice-President (former) 17 November 1993 16 November 1998
Le Foyer De Costil, GermainGermain Le Foyer De Costil  France Permanent 17 November 1993 1 January 1994
Li Haopei  China Permanent 17 November 1993 6 November 1997
McDonald, GabrielleGabrielle McDonald  United States Permanent / President (former) 17 November 1993 17 November 1999
Odio Benito, ElizabethElizabeth Odio Benito  Costa Rica Permanent / Vice-President (former) 17 November 1993 16 November 1998
Sidhwa, RustamRustam Sidhwa  Pakistan Permanent 17 November 1993 15 July 1996
Stephen, NinianNinian Stephen  Australia Permanent 17 November 1993 16 November 1997
Vohrah, Lal ChandLal Chand Vohrah  Malaysia Permanent 17 November 1993 16 November 2001
Jorda, ClaudeClaude Jorda  France Permanent / President (former) 19 January 1994 11 March 2003
Riad, FouadFouad Riad  Egypt Permanent 4 October 1995 16 November 2001
Jan, Saad SaoodSaad Saood Jan  Pakistan Permanent 4 September 1996 16 November 1998
Shahabuddeen, MohamedMohamed Shahabuddeen  Guyana Permanent / Vice-President (former) 16 June 1997 10 May 2009
May, RichardRichard May  United Kingdom Permanent 17 November 1997 17 March 2004
Mumba, FlorenceFlorence Mumba  Zambia Permanent / Vice-President (former) 17 November 1997 16 November 2005
Nieto Navia, RafaelRafael Nieto Navia  Colombia Permanent 17 November 1997 16 November 2001
Ad litem 3 December 2001 5 December 2003
Rodrigues, AlmiroAlmiro Rodrigues  Portugal Permanent 17 November 1997 16 November 2001
Wang Tieya  China Permanent 17 November 1997 31 March 2000
Robinson, PatrickPatrick Robinson  Jamaica Permanent / President (former) 16 October 1998 In office
Bennouna, MohamedMohamed Bennouna  Morocco Permanent 16 November 1998 28 February 2001
Hunt, DavidDavid Hunt  Australia Permanent 16 November 1998 14 November 2003
Wald, PatriciaPatricia Wald  United States Permanent 17 November 1999 16 November 2001
Liu Daqun  China Permanent / Vice-President (current) 3 April 2000 In office
Agius, CarmelCarmel Agius  Malta Permanent / President (current); Vice-President (former) 14 March 2001 In office
Fassi-Fihri, MohamedMohamed Fassi-Fihri  Morocco Ad litem 14 March 2001 16 November 2001
10 April 2002 1 November 2002
Meron, TheodorTheodor Meron  United States Permanent / President (former) 14 March 2001 In office
Pocar, FaustoFausto Pocar  Italy Permanent / President (former) 14 March 2001 In office
Güney, MehmetMehmet Güney  Turkey Permanent 11 July 2001 In office
Clark, MaureenMaureen Clark  Ireland Ad litem 6 September 2001 11 March 2003
Diarra, FatoumataFatoumata Diarra  Mali Ad litem 6 September 2001 11 March 2003
Janu, IvanaIvana Janu  Czech Republic Ad litem 6 September 2001 11 September 2004
Singh, AmarjeetAmarjeet Singh  Singapore Ad litem 6 September 2001 5 April 2002
Taya, ChikakoChikako Taya  Japan Ad litem 6 September 2001 1 September 2004
Williams, SharonSharon Williams  Canada Ad litem 6 September 2001 17 October 2003
de Zoysa Gunawardana, AsokaAsoka de Zoysa Gunawardana  Sri Lanka Permanent 4 October 2001 5 July 2003
El Mahdi, AminAmin El Mahdi  Egypt Permanent 17 November 2001 16 November 2005
Kwon, O-GonO-Gon Kwon  Korea, South Permanent / Vice-President (former) 17 November 2001 In office
Orie, AlphonsAlphons Orie  Netherlands Permanent 17 November 2001 In office
Schomburg, WolfgangWolfgang Schomburg  Germany Permanent 17 November 2001 17 November 2008
Lindholm, Per-JohanPer-Johan Lindholm  Finland Ad litem 10 April 2002 17 October 2003
Vasylenko, VolodymyrVolodymyr Vasylenko  Ukraine Ad litem 10 April 2002 25 January 2005
Argibay, CarmenCarmen Argibay  Argentina Ad litem 5 November 2002 18 January 2005
Martín Canivell, JoaquínJoaquín Martín Canivell  Spain Ad litem 2 May 2003 27 September 2006
Weinberg de Roca, InésInés Weinberg de Roca  Argentina Permanent 17 June 2003 15 August 2005
Antonetti, Jean-ClaudeJean-Claude Antonetti  France Permanent 1 October 2003 In office
Rasoazanany, VonimbolanaVonimbolana Rasoazanany  Madagascar Ad litem 17 November 2003 16 March 2006
Swart, AlbertusAlbertus Swart  Netherlands Ad litem 1 December 2003 16 March 2006
Parker, KevinKevin Parker  Australia Permanent / Vice-President (former) 8 December 2003 28 February 2011
Thelin, KristerKrister Thelin  Sweden Ad litem 15 December 2003 10 July 2008
Van Den Wyngaert, ChrisChris Van Den Wyngaert  Belgium Permanent 15 December 2003 31 August 2009
Bonomy, IainIain Bonomy  United Kingdom Permanent 7 June 2004 31 August 2009
Brydensholt, HansHans Brydensholt  Denmark Ad litem 21 September 2004 30 June 2006
Eser, AlbinAlbin Eser  Germany Ad litem 21 September 2004 30 June 2006
Hanoteau, ClaudeClaude Hanoteau  France Ad litem 25 January 2005 27 September 2006
Szénási, GyörgyGyörgy Szénási  Hungary Ad litem 25 January 2005 30 May 2005
Vaz, AndrésiaAndrésia Vaz  Senegal Permanent 15 August 2005 31 May 2013
Moloto, BakoneBakone Moloto  South Africa Permanent 17 November 2005 In office
Höpfel, FrankFrank Höpfel  Austria Ad litem 2 December 2005 3 April 2008
Nosworthy, JanetJanet Nosworthy  Jamaica Ad litem 2 December 2005 26 February 2009
Prandler, ÁrpádÁrpád Prandler  Hungary Ad litem 7 April 2006 7 June 2013
Trechsel, StefanStefan Trechsel   Switzerland Ad litem 7 April 2006 7 June 2013
Mindua, AntoineAntoine Mindua  Congo, Democratic Republic of the Ad litem 25 April 2006 In office
Chowhan, Ali NawazAli Nawaz Chowhan  Pakistan Ad litem 26 June 2006 26 February 2009
Kamenova, TsvetanaTsvetana Kamenova  Bulgaria Ad litem 26 June 2006 26 February 2009
Prost, KimberlyKimberly Prost  Canada Ad litem 3 July 2006 31 March 2010
Støle, OleOle Støle  Norway Ad litem 13 July 2006 10 June 2010
Harhoff, FrederikFrederik Harhoff  Denmark Ad litem 9 January 2007 28 August 2013
Lattanzi, FlaviaFlavia Lattanzi  Italy Ad litem 2 July 2007 In office
David, PedroPedro David  Argentina Ad litem 27 February 2008 13 September 2011
Gwaunza, ElizabethElizabeth Gwaunza  Zimbabwe Ad litem 3 March 2008 8 June 2013
Picard, MichèleMichèle Picard  France Ad litem 3 March 2008 8 June 2013
Kinis, UldisUldis Kinis  Latvia Ad litem 10 March 2008 18 April 2011
Flügge, ChristophChristoph Flügge  Germany Permanent 18 November 2008 In office
Baird, MelvilleMelville Baird  Trinidad and Tobago Ad litem 15 December 2008 In office
Hall, BurtonBurton Hall  Bahamas, The Permanent 7 August 2009 In office
Morrison, HowardHoward Morrison  United Kingdom Permanent 31 August 2009 In office
Delvoie, GuyGuy Delvoie  Belgium Permanent 1 September 2009 In office
Nyambe, PriscaPrisca Nyambe  Zambia Ad litem 1 December 2009 18 December 2012
Ramaroson, ArletteArlette Ramaroson  Madagascar Permanent 19 October 2011 In office
Khan, KhalidaKhalida Khan  Pakistan Permanent 6 March 2012 In office
Tuzmukhamedov, BakhtiyarBakhtiyar Tuzmukhamedov  Russia Permanent 1 June 2012 In office
Sekule, WilliamWilliam Sekule  Tanzania Permanent 18 March 2013 In office
Niang, MandiayeMandiaye Niang  Senegal Permanent 30 October 2013 In office

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

A typical 10 m2[23] single cell at the ICTY 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 luxuries. 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. 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”.[24] 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.[25]

Indictees

The very first hearing at the ICTY was referral request in the Tadić case on 8 November 1994. As of August 2014, the Tribunal has indicted 161 individuals, and has already completed proceedings with regard to 141 of them: 18 have been acquitted, 74 sentenced, 13 have had their cases transferred to courts in Bosnia and Herzegovina (10), Croatia (2) and Serbia (1). Another 36 cases have been terminated either because indictments were withdrawn or because the indictees died before or after transfer to the Tribunal.[26] Of the 74 convicted, 51 were transferred to 14 different states where they served their prison sentences, excluding those whose sentences amounted to time spent in detention during trial.[27] 50 have served their term, and 3 died while serving their sentences.[28] Proceedings for another 20 indictees are still ongoing — 4 are in the trial phase and 16 are before the Appeals Chamber.[28]

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.[29] 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[30] and the closing brief was given on 23 January 2008.[31] 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.[32] But he complained of witness intimidation, saying some witnesses had not testified because they had been afraid.[32] On 21 July 2010, the cases of UÇK (Kosovo Liberation Army) commanders Ramush Haradinaj, Idriz Balaj and Lahi Brahimaj were re-opened for trial.[33] However on 29 November 2012 all three were acquitted of all charges for a second time.[34]

The Cases

As of August 2014, there are four ongoing trials: Goran Hadžić, Ratko Mladić, Radovan Karadžić and Vojislav Šešelj. Each case is in the process of judgement by the courts, with the cases for Karadžić and Šešelj due in late 2015.[35] The case of Karadžić was brought to the public eye once again in July 2015 with the twentieth anniversary of the Srebrenica massacre which resulted in the deaths of as many as eight thousand men and boys by soldiers under the command of Karadžić.[36]

Controversy has played a part in the case of Šešelj, with one judge being disqualified in 2013 for having "demonstrated an unacceptable appearance of bias in favour of conviction".[37] which is in violation of Article 20 of the ICTY Statute.

Article 20 empowers the judges to "ensure that a trial is fair and expeditious and that proceedings are conducted ... [to allow for the] full respect for the rights of the accused and due regard for the protection of victims and witnesses infusing due process [38]

Since late 2014 Šešelj has been in Serbia awaiting his verdict due to humanitarian reasons concerning his health, which has deteriorated over the course of the trial. Five further cases are at the appeals stage—Đorđević, Perišić, Popović et al, Šainović et al, and Tolimir cases.[39] An additional 23 individuals have been the subject of contempt proceedings.[40] Croat Serb General and former President of the Republic of Serbian Krajina Goran Hadžić was 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 of the court include:

Response to criticism

Supporters of the work of the ICTY responded to critics in various publications. In a response to David Harland's Selective Justice, Jelena Subotić, an assistant professor of political science at Georgia State University and author of Hijacked Justice: Dealing with the Past in the Balkans, responded that the critics of the Tribunal miss the point, "which is not to deliver justice for past wrongs equally for 'all sides', fostering reconciliation, but to carefully measure each case on its own merits ... We should judge the work of the tribunal by its legal expertise, not by the political outcomes we desire."[61]

Marko Hoare claims the accusations of the tribunal's "selective justice" stem from Serbian nationalist propaganda. He wrote: "This is, of course, the claim that hardline Serb nationalists and supporters of Slobodan Milosevic have been making for about the last two decades. Instead of carrying out any research into the actual record of the ICTY in order to support his thesis, Harland simply repeats a string of cliches of the kind that frequently appear in anti-Hague diatribes by Serb nationalists."[62]

See also

References

  1. ↑ "History of the office of the prosecutor".
  2. 1 2 "ICTY Completion Strategy Report" (PDF). 18 May 2011.
  3. ↑ "UNSC Resolution 1966" (PDF).
  4. 1 2 Serbia's last war crimes fugitive arrested, AlJazeera.net, 20 July 2011.
  5. ↑ "Define Genocide". Dictionary.com. Retrieved 2015-07-30.
  6. ↑ Helge Brunborg, Torkild Hovde Lyngstad and Henrik Urdal. "Accounting for Genocide: How Many Were Killed in Srebrenica?". European Journal of Population 19 (3). doi:10.1023/A:1024949307841. JSTOR 20164231.
  7. ↑ "Lemkin, Raphael". The UN Refugee Agency. Retrieved 2015-07-30.
  8. ↑ Schabas, William (2000). Genocide in International Law: The Crimes of Crimes (First ed.). Cambridge, United Kingdom: Cambridge University Press. ISBN 0 521 78262 7.
  9. ↑ 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
  10. ↑ "Enforcement of Sentences". Retrieved 31 July 2015.
  11. ↑ Vohrah, L.C. (2004). "Some Insights into the Early Years". Journal of International Criminal Justice 2: 388. doi:10.1093/jicj2.2.388.
  12. ↑ Pronk, E. The ICTY and the people from the former Yugoslavia - a reserved relationship.
  13. ↑ "'The Tribunal's Accomplishments in Justice and Law'" (PDF). Retrieved 30 November 2011.
  14. ↑ "ICTY at a glance". Un.org. 5 March 2007. Retrieved 30 November 2011.
  15. ↑ "Employment section of ICTY website". Retrieved 29 April 2015.
  16. ↑ Statute of the International Tribunal, Annex of Report S/25704 of the UN Secretary-General, Article 16(1)
  17. ↑ Statute of the International Tribunal, Annex of Report S/25704 of the UN Secretary-General, Article 16(4)
  18. ↑ "The former Prosecutors’ section of ICTY website". Retrieved 31 July 2015.
  19. ↑ "The Judges". ICTY. Retrieved 8 November 2013.
  20. ↑ "Twitter account post". ICTY. 12 December 2013. Retrieved 13 December 2013. Today Judge Koffi Afande has been sworn in as a permanent Judge of the ICTY
  21. 1 2 3 4 "Article 13bis" (PDF).
  22. ↑ "Judge Agius and Judge Liu elected President and Vice-President of the ICTY". ICTY. 2015-10-21. Retrieved 2015-10-21.
  23. ↑ "Profile: Scheveningen prison". BBC News. 16 May 2012.
  24. ↑ Evans, Judith (26 October 2009). "Radovan Karadzic cell life". The Times (London, UK). Retrieved 5 May 2010.
  25. ↑ Stephen, Chris (13 March 2006). "Milosevic jail under scrutiny". BBC News. Retrieved 5 May 2010.
  26. ↑ "Infographic: ICTY Facts & Figures" (PDF). International Criminal Tribunal for the former Yugoslavia. January 2013. Retrieved 1 February 2013.
  27. ↑ "Enforcement of sentences". United Nations Mechanism for International Criminal Tribunals. Retrieved 4 August 2014.
  28. 1 2 "Key Figures of ICTY Cases" (PDF). ICTY official site. 2 June 2014. Retrieved 4 August 2014.
  29. ↑ "ASIL.org". ASIL.org. Retrieved 30 November 2011.
  30. ↑ "Washington Post/Associated Press, Ex-Kosovo PM Pleads Innocent at Hague, 1 March 2007". Washingtonpost.com. 1 March 2007. Retrieved 30 November 2011.
  31. ↑ "Closing Arguments in Haradinaj Trial". Iwpr.net. 1 February 1981. Retrieved 30 November 2011.
  32. 1 2 Hague court acquits Kosovo ex-PM from BBC News
  33. ↑ "Partial re-trial for Haradinaj, Balaj and Brahimaj". Icty.org. Retrieved 30 November 2011.
  34. ↑ "Kosovo ex-PM Ramush Haradinaj cleared of war crimes". BBC News. 29 November 2012. Retrieved 29 November 2012.
  35. ↑ "TPIY: The Cases". ICTY.org. Retrieved 31 July 2015.
  36. ↑ Remembering Srebrenica http://www.srebrenica.org.uk. Retrieved 31 July 2015. Missing or empty |title= (help)
  37. ↑ "Šešelj". UN ICTY: The Cases. Retrieved 30 July 2015.
  38. ↑ Stamper, Gwendoline (June 2011). "Infusing Due Process and the Principle of Legality into Contempt Proceedings Before the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda". Michigan Law Review 109 (8): 1555, 1551–1578. Retrieved 5 August 2015.
  39. ↑ "Cases". International Criminal Tribunal for the former Yugoslavia. Retrieved 4 August 2014.
  40. ↑ "ICTY website Contempt Cases".
  41. ↑ Traynor, Ian (7 December 2006). "War crimes tribunal orders force-feeding of Serbian warlord". London, UK: The Guardian. Retrieved 16 September 2007.
  42. ↑ "Kosor will insist on expansion of indictment against Mladić". Daily Portal. 3 June 2011. Retrieved 4 June 2011.
  43. ↑ "Croatia Crimes 'Won't Be Included' in Mladić Indictment". Balkaninsight. 2 June 2011. Retrieved 4 June 2011.
  44. ↑ Jeffrey T. Kuhner (20 April 2011). "New Balkan war? Hague convicts Croatian hero, incites designs for 'Greater Serbia'". World Tribune. Retrieved 29 April 2015.
  45. 1 2 3 4 5 Marko Hoare (April 2008). "Genocide in Bosnia and the failure of international justice" (PDF). Kingston University. Retrieved 23 March 2011.
  46. ↑ "General jailed for Dubrovnik role". BBC News. 31 January 2005. Retrieved 16 June 2011.
  47. ↑ Hoare, Marko (10 January 2008). "Florence Hartmann's 'Peace and Punishment'". Wordpress.com. Retrieved 9 April 2011.
  48. ↑ "FLORENCE HARTMANN CASE: CONVICTION AND SENTENCE UPHELD ON APPEAL". The Hague: Sense Agency. 19 July 2011. Retrieved 21 July 2011.
  49. ↑ Klaus-Peter Willsch (2 June 2011). "Die Leichensynode von Den Haag [The Cadaver Synod at the Hague]" (in German). Frankfurter Allgemeine. Retrieved 4 June 2011.
  50. ↑ "Ten years in prison for Miroslav Deronjić". The Hague: Sense Agency. 30 March 2004. 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 Deronjić 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 Deronjić's responsibility in the indictment to "one day and to the village of Glogova". Schomburg added 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, Schomburg quoted a statement by one of Deronjić'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".
  51. 1 2 Dejong, Peter (8 December 2010). "War crimes court cuts Serb's massacre sentence". The Vancouver Sun. Retrieved 17 March 2011.
  52. 1 2 Jelinić, Berislav (2 October 2010). "Kevin Parker – The judge who freed the villains of Vukovar". Nacional (weekly). Archived from the original on 25 July 2012. Retrieved 17 March 2011.
  53. ↑ Hannan, Daniel (26 February 2007). "He went unsung to his grave". London, UK: The Daily Telegraph. Retrieved 24 May 2009.
  54. ↑ "Remarks on the Occasion of the Closing of the Main Part of the Sixty-Seventh Session of the General Assembly". http://www.un.org. Retrieved 9 April 2013. I will also convene several other high-level thematic debates in the months to come... our debates during the resumed part of the 67th Session.... Another will focus on the Role of International Criminal Justice in Reconciliation. External link in |publisher= (help)
  55. ↑ "Croatian President Shuns Jeremić's UN Debate". Balkan Investigative Reporting Network. 29 March 2013. Retrieved 9 April 2013. Jeremić scheduled the debate on "the role of international criminal justice in reconciliation“ after the ICTY acquitted [sic] two Croatian generals, Ante Gotovina and Mladen Markač, of war crimes during the conflict in Croatia in 1995.
  56. ↑ "ICTY isn't coming to Vuk Jeremić's UN General Assembly debate". Croatia Business Report. 7 April 2013. Retrieved 9 April 2013. Not only the ICTY but all three war crimes tribunals turned down Jeremić's invitation, Meron said at a panel on the role of the Hague tribunals in the protection of human rights held at the Brookings Institution in Washington on Thursday.
  57. ↑ "Jeremić: Odbijeni pritisci, debate će biti". RTV Vojvodine. 7 April 2013. Retrieved 9 April 2013. On je kao skandalozno ocenio to što se predsednik Haškog tribunala Teodor Meron nije odazvao pozivu da se pojavi u UN, pod čijim patronatom sud funkcioniše.
  58. ↑ Gladstone, Rick (16 April 2013). "Serb Defends U.N. Meeting Boycotted by the U.S.". New York Times (New York). Retrieved 29 April 2015. has "convicted nobody for inciting crimes committed against Serbs in Croatia."
  59. ↑ "O Hagu na Ist Riveru". Vreme. 15 April 2013. Retrieved 29 April 2013.
  60. ↑ "Čurkin: Negativan primer Haškog tribunala". Mondo (in Serbian). Tanjug. 10 April 2013. Retrieved 29 April 2013.
  61. ↑ UN War Crimes Tribunal profile, nytimes.com; 12 December 2012; accessed 29 April 2015.
  62. ↑ David Harland's Attack on the ICTY, greatersurbiton.wordpress.com; accessed 29 April 2015.

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. 64–68h
  • Bachmann, Klaus; Sparrow-Botero, Thomas and Lambertz, Peter: When justice meets politics. Independence and autonomy of ad hoc international criminal tribunals. Peter Lang International 2013.
  • 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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