International Criminal Tribunal for the former Yugoslavia

ICTY

ICTY 2006-01-16

ICTY Detention Unit cell

The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations established to prosecute serious crimes committed during the Yugoslav Wars, and to try their perpetrators. The tribunal was an ad hoc court located in The Hague, Netherlands.

Establishment

The ICTY was established by United Nations Security Council Resolution 827 in 1993, in response to the widespread atrocities that were being committed in the territory of the former Yugoslavia during the early 1990s. The establishment of the ICTY marked the first time in history that an international tribunal was set up to prosecute individuals for war crimes, genocide, and crimes against humanity.

Jurisdiction and Mandate

The tribunal had the authority to prosecute individuals responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. Its mandate included the investigation and prosecution of individuals for:

• Genocide
• Crimes against humanity
• Violations of the laws or customs of war
• Grave breaches of the Geneva Conventions

Structure

The ICTY consisted of three main organs:

• The Chambers, comprising three Trial Chambers and an Appeals Chamber
• The Office of the Prosecutor, responsible for investigating crimes and prosecuting suspects
• The Registry, responsible for providing administrative and judicial support

Notable Trials

The ICTY conducted several high-profile trials, including those of Slobodan Milošević, the former President of Serbia and Yugoslavia; Ratko Mladić, a former Bosnian Serb military leader; and Radovan Karadžić, the former President of the Republika Srpska. These trials were significant for establishing the individual responsibility of political and military leaders for war crimes.

Impact and Legacy

The work of the ICTY has had a profound impact on international criminal law and the global justice system. It has contributed to the development of a body of jurisprudence on war crimes and crimes against humanity that serves as a precedent for future international tribunals, including the International Criminal Court (ICC). The tribunal also played a crucial role in promoting the rule of law in the former Yugoslavia and in the broader international community.

The ICTY officially closed in December 2017, having indicted 161 individuals and completed proceedings against 90 of them. Its functions and remaining cases were transferred to the Mechanism for International Criminal Tribunals (MICT), which continues to carry out a number of essential functions, including the monitoring of enforcement of sentences and the protection of victims and witnesses.

Criticism and Controversies

Despite its achievements, the ICTY faced criticism and controversies, including accusations of bias, the high cost of operations, and the length of time taken to complete trials. Some critics argued that the tribunal did not do enough to foster reconciliation in the former Yugoslavia.

Conclusion

The International Criminal Tribunal for the former Yugoslavia played a pivotal role in the history of international criminal justice. By holding individuals accountable for war crimes and crimes against humanity, the ICTY set important precedents for the prosecution of such crimes and contributed to the development of international humanitarian law.