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The Tribunal building in The Hague.
The Tribunal building in The Hague.

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 (UN) established to prosecute serious crimes committed during the wars in the former Yugoslavia, and to try their alleged perpetrators. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security The Socialist Federal Republic of Yugoslavia ( Serbo-Croatian, Bosnian, Croatian, Serbian, Slovene, Macedonian: The tribunal is an ad-hoc court and is located in The Hague in the Netherlands. The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands

It was originally proposed by German Foreign Minister Klaus Kinkel and established by Resolution 827 of the United Nations Security Council, which was passed on May 25, 1993. Dr Klaus Kinkel (born December 17, 1936) is a German politician of the Free Democratic Party (FDP Events 1085 - Alfonso VI of Castile takes Toledo Spain back from the Moors. Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) It has jurisdiction over four clusters of crime committed on the territory of the former Yugoslavia since 1991: grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide, and crime against humanity. Year 1991 ( MCMXCI) was a Common year starting on Tuesday (link will display full calendar of the Gregorian Calendar. Year 1949 ( MCMXLIX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. The Geneva Conventions consist of four Treaties formulated in Geneva, Switzerland, that set the standards for International law for humanitarian The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of It can try only individuals, not organizations or governments. The maximum sentence it can impose is life imprisonment. Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime often for most Various countries have signed agreements with the UN to carry out custodial sentences. The last indictment was issued March 15, 2004. Events 44 BC - Julius Caesar, Dictator of the Roman Republic, is stabbed to death by Marcus Junius Brutus, "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " The Tribunal aims to complete all trials by the end of 2009 and all appeals by 2010. This article is about the year For the film see 2009 Lost Memories. For the film see 2010 The Year We Make Contact. For the book see 2010 Odyssey Two. The ICTY should not be confused with the International Criminal Court and the International Court of Justice; both tribunals are also based in The Hague, but have a permanent status and different jurisdictions. The International Criminal Court ( ICC or ICCt) was established in 2002 as a permanent tribunal to prosecute individuals for Genocide, crimes against See also International Commission of Jurists The International Court of Justice (known colloquially as the World Court or ICJ; Cour

Contents

Organization

The Tribunal employs around 1,200 staff. Its main organisational components are Chambers, Registry and the Office of the Prosecutor (OTP).

Chambers encompasses the judges and their aides. A judge, or justice, is an Official who presides over a Court of law The Tribunal operates three Trial Chambers and one Appeals Chamber. The President of the Tribunal is also the presiding Judge of the Appeals Chamber. Currently, this is Fausto Pocar of Italy (since 2005). Judge Fausto Pocar (born 1939 is an Italian jurist He is professor of International Law at the University Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. His predecessors were Antonio Cassese of Italy (19931997), Gabrielle Kirk McDonald of the United States (1997–1999), Claude Jorda of France (1999–2002), Theodor Meron of the United States (2002–2005). Antonio Cassese was the first President of the International Criminal Tribunal For the Former Yugoslavia (ICTY serving in this capacity from 1993 to 1997 Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) Year 1997 ( MCMXCVII) was a Common year starting on Wednesday (link will display full 1997 Gregorian calendar Gabrielle Anne Kirk McDonald (born 1942 is an American lawyer and jurist who served as a judge for the United States District Court for the Southern District of Texas The United States of America —commonly referred to as the Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar) This article is about the country For a topic outline on this subject see List of basic France topics. See also 2002 (disambiguation Year 2002 ( MMII) was a Common year starting on Tuesday of the Gregorian calendar. Theodor Meron (b 28 April, 1930) was the president of the International Criminal Tribunal for the former Yugoslavia (ICTY until 2005 and was a judge

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 Hans Holthuis of the Netherlands (since 2001). The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. His predecessors were Dorothée de Sampayo Garrido-Nijgh of the Netherlands (1995–2000) and Theo van Boven of the Netherlands (February 1994 to December 1994). Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 1995 Theo van Boven (born 1934) is a Dutch Jurist and Professor emeritus in International law.

The Office of the Prosecutor (OTP) is responsible for investigating crimes, gathering evidence and prosecuting indictees. It is headed by the Prosecutor, Serge Brammertz. Serge Brammertz (born 17 February 1962 in Eupen, Belgium) is currently the Prosecutor of the International Criminal Tribunal for the former Previous Prosecutors have been Ramón Escovar Salom of Venezuela (19931994), Richard Goldstone of South Africa (1994–1996) and Louise Arbour of Canada (1996–1999) 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. Venezuela (ˌvɛnəˈzweɪlə) officially the Bolivarian Republic of Venezuela (Spanish República Bolivariana de Venezuela) is a country on the Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar) Richard J Goldstone, (born October 26, 1938) South African Judge and international War crimes prosecutor The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa Year 1996 ( MCMXCVI) was a Leap year starting on Monday (link will display full 1996 Gregorian calendar) Louise Arbour, CC (born February 10, 1947) is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar) Carla Del Ponte (born February 9, 1947 in Lugano, Switzerland) is a former Chief Prosecutor of two United Nations International Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. See also Rwandan Genocide The International Criminal Tribunal for Rwanda ( ICTR) is an International court established in November Year 1999 ( MCMXCIX) was a Common year starting on Friday (link will display full 1999 Gregorian calendar)

Judges

There are 16 permanent judges and 12 ad litem judges who serve on the tribunal. Ad litem is a term used in Law to refer to a party appointed by a court to act in a lawsuit on behalf of another party—for instance a child or an incapacitated They are elected to four-year terms by the UN General Assembly. They can be re-elected.

(As of March 2007):

NameCountryPositionElectedTerm Ends
Fausto PocarFlag of Italy ItalyPresident20012009
Kevin ParkerFlag of Australia AustraliaVice-President20032009
Patrick Lipton RobinsonFlag of Jamaica JamaicaPresiding Judge19982010
Carmel A. Judge Fausto Pocar (born 1939 is an Italian jurist He is professor of International Law at the University Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest For a topic outline on this subject see List of basic Australia topics. Patrick Lipton Robinson (born 29 January 1944, in Jamaica) is a judge at the UN 's International Criminal Tribunal for the Former Yugoslavia Jamaica (ˈdʒəˈmeɪkə} is an Island nation of the Greater Antilles, in length and as much as in width situated in the Caribbean Sea. AgiusFlag of Malta MaltaPresiding Judge20012007
Alphonsus Martinus Maria OrieFlag of the Netherlands NetherlandsPresiding Judge20012007
Mohamed ShahabuddeenFlag of Guyana GuyanaJudge19972009
Mehmet GüneyFlag of Turkey TurkeyJudge20012007
Liu DaqunFlag of the People's Republic of China ChinaJudge20002012
Andresia VazFlag of Senegal SenegalJudge20052011
Theodor MeronFlag of the United States USAJudge20012007
Wolfgang SchomburgFlag of Germany GermanyJudge20012007
O-Gon KwonFlag of South Korea South KoreaJudge20012007
Jean-Claude AntonettiFlag of France FranceJudge20032009
Iain BonomyFlag of the United Kingdom United KingdomJudge20042010
Christine Van Den WyngaertFlag of Belgium BelgiumJudge20032009
Bakone Justice MolotoFlag of South Africa South AfricaJudge20052011
Krister ThelinFlag of Sweden SwedenAd Litem Judge20032009
Janet M. Malta, officially the Republic of Malta (Repubblika ta' Malta is a European Microstate, comprising an Archipelago of three islands The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands Guyana (ɡaɪˈænə or /ɡiːˈɑːnə/ officially the Co-operative Republic of Guyana and previously known as British Guiana, is the only Nation state Mehmet Güney ís an international judge and Turkish diplomat who was born in Siirt, Turkey, in 1936 Turkey (Türkiye known officially as the Republic of Turkey ( is a Eurasian Country that stretches China ( Wade-Giles ( Mandarin) Chung¹kuo² is a cultural region, an ancient Civilization, and depending on perspective a National Senegal (le Sénégal officially the Republic of Senegal, is a country south of the Sénégal River in western Africa. Theodor Meron (b 28 April, 1930) was the president of the International Criminal Tribunal for the former Yugoslavia (ICTY until 2005 and was a judge The United States of America —commonly referred to as the Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. South Korea, officially the Republic of Korea and often referred to as Korea ( Korean: 대한민국 tɛː This article is about the country For a topic outline on this subject see List of basic France topics. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The Kingdom of Belgium is a Country in northwest Europe. It is a founding member of the European Union and hosts its headquarters as well as those The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa "Sverige" redirects here For other uses see Sweden (disambiguation and Sverige (disambiguation. NosworthyFlag of Jamaica JamaicaAd Litem Judge20052011
Frank HoepfelFlag of Austria AustriaAd Litem Judge20052011
Árpád PrandlerFlag of Hungary HungaryAd Litem Judge20062012
Stefan TrechselFlag of Switzerland SwitzerlandAd Litem Judge20062012
Antoine Kesia-Mbe MinduaFlag of the Republic of the Congo CongoAd Litem Judge20062012
Ali Nawaz ChowhanFlag of Pakistan PakistanAd Litem Judge20062012
Tsvetana KamenovaFlag of Bulgaria BulgariaAd Litem Judge20062012
Kimberly ProstFlag of Canada CanadaAd Litem Judge20062012
Ole Bjørn StøleFlag of Norway NorwayAd Litem Judge20062012
Frederik HarhoffFlag of Denmark DenmarkAd Litem Judge20072013
Flavia LattanziFlag of Italy ItalyAd Litem Judge20072013

List of judges provided on Organs of the Tribunal at: http://www.un.org/icty/glance-e/index.htm


Accomplishments

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

  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. Jamaica (ˈdʒəˈmeɪkə} is an Island nation of the Greater Antilles, in length and as much as in width situated in the Caribbean Sea. Austria (Österreich ( officially the Republic of Austria (Republik Österreich Hungary (Magyarország 'mɔɟɔrorsaːg) officially in English the Republic of Hungary ( Magyar Köztársaság, literally Magyar (Hungarian Republic Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation The Republic of the Congo (République du Congo Kongo: Repubilika ya Kongo; Lingala: Republiki ya Kongó) also known as Congo-Brazzaville Pakistan () officially the Islamic Republic of Pakistan, is a country located in South Asia, Southwest Asia, Middle East and The state of Bulgaria (България transliterated bg-Latn ''Balgaria'' The country preserves the traditions (in ethnic name language and alphabet of the First Bulgarian Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Norway ( Norwegian: Norge ( Bokmål) or Noreg ( Nynorsk) officially the Kingdom of Norway, is a Constitutional The Kingdom of Denmark ( ˈd̥ænmɑɡ̊ (archaic ˈd̥anmɑːɡ̊ commonly known as Denmark, is a country in the Scandinavian region of northern Europe Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again "

For more information see: ICTY at a glance

Criticism

Criticisms levelled against the court include:

Practicality

Ethical issues

NATO countries are those that have provided the finance to set up the Tribunal, we are amongst the majority financiers, and of course to build a second chamber so that prosecutions can be speeded up so let me assure that we and the Tribunal are all one on this, we want to see war criminals brought to justice and I am certain that when Justice Arbour goes to Kosovo and looks at the facts she will be indicting people of Yugoslav nationality and I don't anticipate any others at this stage. Jamie Patrick Shea is Director of Policy Planning in the Private Office of the Secretary General at NATO Headquarters in Brussels, Belgium.
The Tribunal has never prosecuted the citizens of any NATO countries as a result of NATO's involvement in the Kosovo conflict. The North Atlantic Treaty

Indictees

(As of March 2007)

Since the very first hearing (referral request in the Tadić case) on 8 November 1994, the Tribunal has indicted a total of 161 individuals, and has already completed proceedings with regard to 100 of them: five have been acquitted, 48 sentenced (seven are awaiting transfer, 24 have been transferred, 16 have served their term, and one died while serving his sentence), 11 have had their cases transferred to local courts. Events 1519 - Hernán Cortés enters Tenochtitlán and Aztec ruler Moctezuma welcomes him with great a Celebration Year 1994 ( MCMXCIV) was a Common year starting on Saturday (link will display full 1994 Gregorian calendar) Another 36 cases have been terminated (either because indictments were withdrawn or because the accused died, before or after transfer to the Tribunal).

Proceedings are on-going with regard to 61 accused: 13 are at the appeals stage, two are awaiting judgement by a Trial Chamber, 26 are currently on trial, 14 are at pre-trial and six are still at large.

The figure of the accused at the appeals stage includes Sefer Halilović, Fatmir Limaj and Isak Musliu (who have been acquitted and released but against whom an appeal by the Office of the Prosecutor is running), as well as Amir Kubura and Naser Orić. These two accused have been sentenced and granted early release (Kubura) and release (Orić), but the OTP has appealed against the Trial Chamber's Judgements.

A further 19 individuals have also been the subject of contempt proceedings. [1]

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[2]. Other "high level" indictees included Milan Babić, Croatian Serb prime minister of Republika Srpska Krajina; Ramush Haradinaj, Prime Minister of Kosovo; Radovan Karadžić, Montenegrin former President of Republika Srpska; and Ratko Mladić, Bosnian Serb army commander. Milan Babić (Милан Бабић February 26, 1956 &ndash March 5, 2006) was from 1991 to 1995 the first President of the The Republic of Serbian Krajina abbreviated RSK (Република Српска Крајина РСК sometimes also translated "Republic of Serb Krajina" Ramush Haradinaj ( Serbo-Croatian: Рамуш Харадинај Ramuš Haradinaj) born 3 July 1968 in the village of Glođane near Radovan Karadžić (Радован Караџић râdovaːn kâraʤiʨ born in Petnjica, SR Montenegro, SFR Yugoslavia) is a former Bosnian Ratko Mladić (Ратко Младић râtkɔ mlǎːditɕ born March 12, 1942, was the Chief of Staff of the Army of Republika Srpska (the Bosnian

Haradinaj's trial began at The Hague on March 5, 2007[3] and the closing brief was given on 23rd of January 2008. Events 363 - Roman Emperor Julian moves from Antioch with an army of 90000 to attack the Sassanid Empire, in a Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. [1]The final decision of the ICTY was expected in March 2008.

On 3rd of April 2008, ICTY issued a public notice of the Haradinaj verdict, in which he was acquitted of all charges. [2]

Detention facilities

Those defendants on trial and those who were denied a provisional release are detained at a prison facility in Scheveningen, located some 3 km by road from the courthouse. Scheveningen (ˈsxeːfənɪŋə is one of the eight Districts of The Hague, as well as one of its subdistricts ( wijken) The indicted are housed in private cells which have a toilet, shower, radio, satellite TV and other comforts. They are allowed to phone family and friends daily and can have conjugal visits (Serb general Nebojsa Pavkovic became a father at the age of 59 as a result of one such visit). There is also a library, a gym and various rooms used for religious observances. The inmates are even allowed to cook for themselves. All of the inmates mix freely and are not segregated on the basis of nationality.

Further reading

References

  1. ^ UN Site
  2. ^ ASIL.org
  3. ^ Washington Post/Associated Press, Ex-Kosovo PM Pleads Innocent at Hague, March 1, 2007

See also


External links



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