It had 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.
It would have jurisdiction over four clusters of crime committed on the territory of the former SFR Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crime against humanity.
The tribunal was an ad hoc court 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.
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.
The maximum sentence it could impose was life imprisonment. === Implementation === In 1993, the ICTY built its internal infrastructure.
The ICTY hired many staff members and by July 1994, the Office of the Prosecutor had sufficient staff to begin field investigations.
By November 1994, first indictments were presented and confirmed, and in 1995, the staff numbered over 200 persons from all over the world. === Operation === In 1994 the first indictment was issued against the Bosnian-Serb concentration camp commander Dragan Nikolić.
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).
Graham Blewitt of Australia served as the Deputy Prosecutor from 1994 until 2004.
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. The very first hearing at the ICTY was referral request in the Tadić case on 8 November 1994.
By November 1994, first indictments were presented and confirmed, and in 1995, the staff numbered over 200 persons from all over the world. === 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.
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. 1995–1996: Between June 1995 and June 1996, 10 public indictments had been confirmed against a total of 33 individuals.
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. 1995–1996: Between June 1995 and June 1996, 10 public indictments had been confirmed against a total of 33 individuals.
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.
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.
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.
International Criminal Tribunal for the Former Yugoslavia, B.T.I.R., 1997, pp. 533–555. Klip, A.
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.
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.
(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.
Available at: https://doi.org/10.1162/isec_a_00370. 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.
(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.
Available at: https://doi.org/10.1162/isec_a_00370. 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.
Richard Goldstone, Louise Arbour and Carla Del Ponte also simultaneously served as the Prosecutor of the International Criminal Tribunal for Rwanda until 2003.
Various countries signed agreements with the UN to carry out custodial sentences. A total of 161 persons were indicted; the final indictments were issued in December 2004, the last of which were confirmed and unsealed in the spring of 2005.
Graham Blewitt of Australia served as the Deputy Prosecutor from 1994 until 2004.
David Tolbert, the President of the International Center for Transitional Justice, was also appointed Deputy Prosecutor of the ICTY in 2004. === Chambers === Chambers encompassed the judges and their aides.
(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.
Various countries signed agreements with the UN to carry out custodial sentences. A total of 161 persons were indicted; the final indictments were issued in December 2004, the last of which were confirmed and unsealed in the spring of 2005.
In 2010, Veselin Šljivančanin's sentence for his involvement in the Vukovar massacre was cut from 17 to 10 years, which caused outrage in Croatia.
The final fugitive, Goran Hadžić, was arrested on 20 July 2011.
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. An additional 23 individuals have been the subject of contempt proceedings. == Controversies == Skeptics argued that an international court could not function while the war in the former Yugoslavia was still going on.
However, Hoare claims that, due to Carla del Ponte's intervention, these drafts were rejected, and the indictment limited to Milošević alone. There have been 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 guilty of contempt of court and fined her €7,000.
The debate was scheduled after the convictions of Ante Gotovina and Mladen Markač for inciting war crimes against Serbs in Croatia were overturned by an ICTY Appeals Panel in November 2012.
The ICTY would also conduct and complete all appeal proceedings for which the notice of appeal against the judgement or sentence was filed before 1 July 2013.
British Conservative Party MEP Daniel Hannan has called for the court to be abolished, claiming it is anti-democratic and a violation of national sovereignty. The interactive thematic debate on the role of international criminal justice in reconciliation was convened on 10 April 2013 by the President of the General Assembly during the resumed part of the GA's 67th Session.
The UN Secretary-General appointed replacements in case of vacancy for the remainder of the term of office concerned. 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 have assumed their positions on 17 November 2015.
The IRMCT will handle any appeals for which notice is filed after that date. The final ICTY trial to be completed in the first instance was that of Ratko Mladić, who was convicted on 22 November 2017.
The final case to be considered by the ICTY was an appeal proceeding encompassing six individuals, whose sentences were upheld on 29 November 2017. == Organization == While operating, the Tribunal employed around 900 staff.
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