International Tribunal for the Former Yugoslavia

The principal legal instruments governing the powers of the Tribunal and the conduct of its work are its statute and the Rules

The primary purposes of the Tribunal are:

The Tribunal is composed of the following parts

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International Tribunal for the Former Yugoslavia

1. International Tribunal for the Former Yugoslavia

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
(abbreviated as the International Tribunal for the
Former Yugoslavia, or ICTY) was established by
UN Security Council Resolution 827 (1993) of
May 25, 1993 to adjudicate cases of serious
violations of international humanitarian law in
the region. The ICTY is a criminal court and its
jurisdiction extends exclusively to individuals. It
does not have jurisdiction to determine the
responsibility of organizations and states
(including for aggression and crimes against
peace).

15. Location: Hague (Netherlands)

16. The principal legal instruments governing the powers of the Tribunal and the conduct of its work are its statute and the Rules

17. The primary purposes of the Tribunal are:

Bringing to justice those allegedly
responsible for violations of international
humanitarian law;
Establishing justice for victims;
preventing further crimes;
contributing to the restoration of peace in
the former Yugoslavia by establishing the
truth.

18.

The Tribunal, in accordance with its
Statute, has subject matter jurisdiction
over four categories of international
crimes. These are grave breaches of the
1949 Geneva Conventions, violations of
the laws or customs of war, crimes
against humanity and genocide.

19. The Tribunal is composed of the following parts

A judicial body consisting of three Trial
Chambers (Chambers)
One Appeals Chamber (Chambers),
The Office of the Prosecutor (Prosecutor)
Registry.

20.

21.

The Tribunal was established by the UN in
May 1993 in response to the massive
atrocities that were committed during the
armed conflict in Croatia as well as Bosnia
and Herzegovina. Reports reported horrific
crimes in which thousands of civilians were
killed and wounded, tortured and sexually
abused in internment camps, and hundreds
of thousands driven from their homes,
sparking outrage around the world and
prompting the UN Security Council to act.

22.

Agreement in principle to establish the
Tribunal was reached by the Security
Council in resolution 808 (1993), adopted on
February 22, 1993. The report containing the
statute was submitted by the SecretaryGeneral within 60 days, as requested in
resolution 808 (1993), and unanimously
approved by the Council in its resolution
827 (1993) of May 25, 1993. In September
1993, the General Assembly elected 11
Judges of the Tribunal, who took office on 17
November 1993.

23.

The ICTY was the first war crimes court
established by the United Nations and
the first international war crimes court
since the Nuremberg and Tokyo
Tribunals. It was established under Part
VII of the UN Charter.

24.

A key objective of the ICTY is to bring to
justice those most responsible for such
horrific acts as murder, torture, rape,
enslavement, pillage, destruction of civilian
property and other crimes under the Statute
of the Tribunal. In addition to bringing the
perpetrators to justice, the ICTY was
established to prevent possible future
crimes and to bring justice to the thousands
of victims and their families, thus
contributing to a lasting peace in the former
Yugoslavia.

25.

The International Criminal Tribunal for the
Former Yugoslavia is a court established by
the United Nations to try war crimes that
occurred during the armed conflicts in the
Balkans in the 1990s. Since its establishment
in 1993, the Tribunal has irrevocably
changed the state of international
humanitarian law and has given victims the
opportunity to tell the world about the
horrors they endured

26.

In its precedent decisions relating to
genocide, war crimes and crimes against
humanity, the Tribunal has indicated that a
person's high leadership position is no
defense against prosecution. The Tribunal's
jurisprudence demonstrates that suspects
who bear the greatest culpability for
atrocities can be tried and punished, just as
it demonstrates that guilt is only individual
and cannot be attributed to entire
communities on the basis of the principle of
so-called "collective responsibility".

27.

The Tribunal laid the foundations for
what is now the accepted norm in conflict
resolution and post-conflict development
around the world. The Tribunal has
proven that effective and transparent
justice is indeed possible.

28.

The Tribunal's work has contributed to the
establishment of undisputed historical facts
and is helping ethnic and religious
communities in the Balkans to come to
terms with their recent history. Crimes
whose circumstances have been established
through judicial proceedings can no longer
be denied. For example, it has been
established beyond reasonable doubt that
the massacre of Bosnian Muslims at
Srebrenica was genocide.

29.

While the largest number of cases tried by
the Tribunal relate to crimes committed by
Serbs or Bosnian Serbs, it has investigated
and brought charges against members of
each of the ethnic groups involved in the
armed conflict. Sentences for crimes
committed against Serbs and members of
other peoples have been handed down
against Croats, Bosnian Muslims and Kosovo
Albanians.

30.

While judicial decisions demonstrate that
representatives of all parties to the conflict have
committed crimes, the Tribunal assumes that its
fairness and impartiality are of paramount
importance. It does not adopt the views of any of
the parties to the conflict, nor does it attempt to
create any artificial balance between the various
ethnic groups. The existence of evidence was the
sole criterion on the basis of which the
Prosecutor selected cases and referred them to
the Court. Judges ensure a fair and public trial,
evaluating the evidence to determine the guilt or
innocence of the accused.

31.

Since 2003, the Court has worked closely
with the local judiciary and courts of the
former Yugoslavia, working in partnership
for justice. There is no doubt that the
Tribunal's work has had a significant impact
on the States of the former Yugoslavia. The
dismissal of some of the most high-profile
and notorious criminals and their continued
prosecution by the Tribunal have stopped
the violence, contributed to ending
impunity and helped pave the way for
reconciliation.

32.

The ICTY has brought charges against more than 160
individuals. These defendants include heads of state,
prime ministers, army chiefs of staff, interior
ministers and many other senior and mid-level
politicians, military officers, police chiefs from
different sides of the Yugoslav conflict. These charges
relate to crimes committed between 1991 and 2001
against members of different ethnic groups in
Croatia, Bosnia and Herzegovina, Serbia, Kosovo, and
the former Yugoslav Republic of Macedonia. More
than 60 persons have been convicted and more than
40 defendants are currently at various stages of trial.

33.

More precisely, as of January 13, 2012,
161 persons have been indicted by the
Tribunal for serious violations of
international humanitarian law in the
territory of the former Yugoslavia. Of
these, 35 are currently in detention at the
ICTY International Detention Facility

34.

The cases against 126 defendants have
been finalized. Of these, 13 have been
acquitted, 1 has been convicted and is
awaiting transfer to a State for execution
of sentence, 25 have been convicted and
transferred for execution of sentence, 35
have been convicted and are currently
serving their sentences, and 3 convicts
have died while serving their sentences
in places of deprivation of liberty.

35. Judges

The judges of the Tribunal have a formal duty to
determine the guilt or innocence of the accused
and to determine the punishment for those found
guilty. They come from different legal systems and
bring to the Tribunal's jurisprudence a rich
diversity of experience from each.
In accordance with the requirements of article 13 of
the Statute, the judges of the Tribunal are persons of
high moral character, impartiality and integrity, who
meet the qualifications required in their States for
appointment to the highest judicial offices, with
experience in criminal law and international law,
including international humanitarian law and
international human rights law.

36.

Judges are elected by the UN General
Assembly. The election process is initiated
by the Secretary-General, who invites UN
Member States and non-Member States with
permanent observer missions to UN
Headquarters to participate. Each State may
not propose two candidates of the same
nationality for the position of Permanent
Judges. In considering applications, due
representation of the principal legal
systems of the world shall be taken into
account.

37.

The Secretary-General transmits the names of the
candidates to the UN Security Council, which establishes a
list of not more than 42 and not less than 28 candidates for
the position of permanent judges of the Tribunal. The
President of the Security Council forwards this list to the
President of the General Assembly. From this list, the
General Assembly elects 14 permanent Judges. A temporary
increase in the number of ad litem judges during 2008 to a
maximum of 16 was approved by the UN Security Council on
February 20, 2008.
Candidates receiving an absolute majority of votes are
declared elected. If two candidates for permanent judges
from the same State receive the required majority of votes,
the candidate with the higher number of votes shall be
declared elected.

38. President and Vice President

The President and Vice-President of the Tribunal are elected
from among the Judges and by the Judges themselves. The
President is elected by a majority vote of all permanent
Judges and may not (nor may the Vice-President) serve
more than two terms. He presides over the Appeals
Chamber and is also responsible for assigning Appeals
Chamber and Trial Chambers Judges to a case. In addition,
the President presides over all plenary meetings of the
Tribunal, coordinates the activities of the Chambers, directs
the activities of the Registry, and resolves practical issues
arising in the conduct of trials. The President also performs
diplomatic and political functions in the Tribunal's contacts
with States, United Nations bodies and other international
organizations. In accordance with the Statute of the Tribunal,
the President is required to submit annual reports to the UN
General Assembly on the activities of the Tribunal, as well as
biennial evaluation reports to the UN Security Council on the
implementation of the Tribunal's Completion Strategy.

39. Office of the Prosecutor

In accordance with article 16 of the Statute of the Tribunal, the
Office of the Prosecutor consists of the Prosecutor "and such other
qualified staff as may be required". In practice, the Office of the
Prosecutor is a large structural unit, with a large number of
specialized staff with diverse backgrounds.
The Prosecutor is responsible for investigating and prosecuting
persons responsible for serious violations of international
humanitarian law committed in the territory of the former
Yugoslavia since January 1, 1991. The Prosecutor acts
independently as a separate organ of the International Tribunal.
He or she shall not seek or receive instructions from any
Government or any other source.
The Prosecutor shall be appointed by the Security Council on the
recommendation of the Secretary-General. He or she shall be of
high moral character, possess the highest level of professional
competence and experience in the investigation and prosecution
of criminal cases. The Prosecutor shall be appointed for a term of
four years and may be reappointed. The conditions of service of
the Prosecutor are similar to those of the Under-Secretary-General
of the United Nations.

40. 41. Secretariat

In accordance with Article 17 of the ICTY Statute, the Registry is
responsible for the administrative functions and services of the
International Tribunal. The Registry shall consist of a Registrar
and such other staff as may be necessary.
The Registrar is appointed by the Secretary-General after
consultation with the President of the International Tribunal. He
or she shall be appointed for a term of four years and may be
reappointed. The terms and conditions of service of the
Registrar shall be the same as those of the Assistant SecretaryGeneral of the United Nations.
The staff of the Registry is appointed by the UN SecretaryGeneral on the recommendation of the Registrar.
The Registry currently consists of the Immediate Office of the
Registrar, the Communications Service, the Outreach Division,
the Court Support Services Section, the Interference and
Language Services Section, the Victims and Witnesses Section,
the Office of Legal Aid and Detention, the UN Detention Unit and
the Division of Administration.