Monitoring Policy Making at the United Nations |
| ||||||||||||
International Criminal Tribunal for Yugoslavia
Picture Credit: Associated Press
The Bosnia war in the early 1990s saw ethnic cleansing, genocide and other serious crimes. In May, 1993, the UN Security Council established the International Criminal Tribunal for Yugoslavia (ICTY) to try those responsible for violations of international humanitarian law in the territory of the former Yugoslavia since 1991. The tribunal seeks to bring justice to the victims of the conflict and deter future leaders from committing similar atrocities. The ICTY has also begun to take on cases from the Kosovo crisis of the late 1990s.
The court is the UN's first special tribunal. Not surprisingly it has come under intense scrutiny. Critics argue that the tribunal is a political tool rather than an impartial judicial institution. Slobodan Milosevic, the court's highest profile defendant, has argued that the court is unfair, but disinterested critics also point to troubling examples of politicization and bias.
This page follows the development of important cases in The Hague with a special section for the trial of Slobodan Milosevic.
ICTY Articles | Slobodan Milosevic | Archive | Links
Rwanda | Sierra Leone | Cambodia | East Timor | Iraq | General Articles
ICTY Articles
Archived Articles
Looking For Justice: The War Crimes Chamber in Bosnia and Herzegovina (February 2006)
The War Crimes Chamber (WCC) in Bosnia and Herzegovina was established in March 2005 in response to the winding up of the International Criminal Tribunal for Yugoslavia (ICTY). The WCC was designed to try lower and mid-level perpetrators referred to it by the ICTY and locally initiated cases. The WCC represents the “latest model of an international justice mechanism” which is established in the domestic legal system. The Bosnian justice system has not yet recovered from the conflict, and the WCC will work towards building rule of law again in Bosnia. This Human Rights Watch report provides an overview of the key organs which make up the WCC.
This Institute for War and Peace Reporting document is a straightforward, yet comprehensive “beginner’s guide” to the International Criminal Tribunal for Yugoslavia. It covers the tribunal’s establishment, mission and jurisdiction, as well as its relationship with national courts. The guide also provides basic information on how a case is conducted; from indictments and arrests, through to sentencing and appeals.
After monitoring domestic war crimes trials in the states of former Yugoslavia since 2000, Human Rights Watch (HRW) claims that bias, lack of cooperation by officials and inadequate witness protection programs prevent national courts from exercising impartiality. HRW offers recommendations to remedy the problems, before national courts initiate more trials or accept cases passed down from the over-stretched International Criminal Tribunal for Yugoslavia.Articles and Documents
2008 | 2007 | 2006 | 2005 2008
Bosnians Consider Del Ponte Legacy (January 24, 2008)
This Balkan Insight article evaluates Carla Del Ponte’s legacy as former Chief Prosecutor of the International Criminal Tribunal for the former-Yugoslavia. Del Ponte resigned in December 2007 and Serge Brammertz replaced her in January 2008. Bosnian commentators are disappointed with the meager results of Del Ponte’s term. Though the ICTY has made a number of convictions, former President Slobodan Milosovic died before a verdict was reached and fugitives Mladic and Karadzic remain at large.2007
General Who Led Siege of Sarajevo Jailed for 33 Years By UN War Crimes Tribunal (December 12, 2007)
The International Criminal Tribunal for the former Yugoslavia (ICTY) convicted Dragomir Milosevic for murder, inhumane acts and attacks against civilians. Milosevic led the Bosnian Serb force that entraped the city of Sarajevo during 1994 and 1995. He was sentenced to 33 years in prison. (UN News)War Crimes Fugitive Mladic in Serbia: Prosecutor (December 6, 2007)
The UN tribunal looks for Ratke Mladic, a Bosnian Serb fugitive convicted of genocide in the Bosnia and Croatia war in the 1990s. Serbia’s war prosecutor, Vladimir Vukcevic, believes Mladic is hiding in Serbia, but the government affirms that if so, he would have been arrested. The UN tribunal continues to search for other indicted Serbians, which has been disrupting relations between Serbia and the European Union. (Reuters)War Crimes Trial of Serb Ultranationalist to Start (November 6, 2007)
Vojislav Seselj, leader of Serbia’s Radical Party turned himself in to the International Criminal Tribunal for Yugoslavia (ICTY) in 2003. He will face trial and respond to charges of murder, torture, persecution, cruel treatment and deportation among other crimes, against non-Serb civilians. During the 1990 Yugoslavian separation war, Seselj acted to forcibly remove non-Serbs from parts of Croatia and Bosnia. He also made several racist speeches promoting hatred against non-Serbs. (Reuters)Croats Call UN War Crimes Verdict "Shameful" (September 28, 2007)
The UN court in The Hague lightly sentenced former Yugoslav army officers responsible for the Vukovar massacre. The judges considered some of the victims as Croat fighters, not civilians and for that reason dismissed the charges of crimes against humanity. The Croatian people and government reject the sentences and demand punitive action from the United Nations on the case. (Reuters)War Crime Lawyers Fight UN on Top Job: New Secretary General is Challenged Over 'Secret Appointment' to Replace Top Tribunal Prosecutor (September 23, 2007)
Senior lawyers at the International Criminal Tribunal for the former Yugoslavia (ICTY) threaten to resign over the appointment of a new chief prosecutor in an apparent secret deal with Secretary General Ban Ki-Moon. Commentators suggest the successor to chief prosecutor Carla Del Ponte will be a ‘newcomer’, Belgian criminologist, Serge Brammertz. Senior lawyers at The Hague argue that the current deputy to Del Ponte, David Tolbert, should be appointed given his nine year experience at the tribunal. Meanwhile, Del Ponte traveled to Belgrade in an attempt to capture fugitives, General Ratko Mladic and former President Radovan Karadzic which would extend the tribunal’s mandate to 2010. (Observer)International Justice in the Dock (September 7, 2007)
The former spokeswoman to the Chief Prosecutor in the International War Crimes Tribunal for the Former Yugoslavia, Florence Hartmann, reveals that the Tribunal is a victim of political manipulation by foreign powers. The author documents the influence of the US and Britain in the trial of Slobodan Milosevic. According to Hartmann, the big powers restrict the flow of crucial information to the Tribunal, including documents which confirm the active role of Slobodan Milosevic in the war by the Bosnian Serbs in Pale. These “obstructionist strategies” by foreign powers undermines and weakens the operation of the Tribunal. (Le Temps)ICTY Legacy (September 4, 2007)
Criticism is emerging as the International Tribunal for the Former Yugoslavia is moving towards a completion date in 2010 after 14 years of work. While most human rights and international justice NGOs commend the Tribunal on its contribution to international criminal law and praise it for laying the groundwork for other international courts, skeptics still question its validity. Criticisms focus on the lack of capacity to arrest the suspects, the impracticable number of charges that hinder the courts’ productivity, the courts political stance and the fact that the ICTY will not be able to complete the large number of cases it took on. (Institute for War and Peace Reporting)UN Prosecutors Outline French Criminal History of Croatian War Crimes Suspect (August 23, 2007)
UN prosecutors of the International Criminal Tribunal for the former Yugoslavia (ICTY) ask the court to reject Ante Gotovina’s temporary release request citing his conviction by a French court in 1980 and two other French convictions in absentia in the 1990s. Gotovina has not served either sentence. His lawyer, Luka Misetic, argues that Gotovina is innocent and the convictions are unauthentic. Gotovina was indicted by the ICTY in 2001 and he successfully avoided arrest for over four years before he was captured by Spanish police authorities. (Associated Press)Srebrenica Massacre Verdict Sparks Outrage among Survivors (April 12, 2007)
A Serbian war crimes court convicted four members of the infamous “Scorpions” death squad for the 1995 murder of six Muslim men in Srebrenica. The ruling comes less than two months after the International Court of Justice confirmed that genocide did occur during the 1992-95 Balkan conflict but rejected claims of Serbia’s involvement. Survivors denounced both the ICJ verdict and the length of the paramilitaries’ jail terms as evidence of not only the “unwillingness to accept” the massacre but also “a larger pattern of impunity.” (AdvocacyNet)2006
The Hague Tribunal and Balkan Reconciliation (July 21, 2006)
The Institute for War and Peace Reporting reviews the International Criminal Tribunal for Yugoslavia’s (ICTY) role in bringing stability to the Balkans. Critics say delayed efforts to involve communities in the tribunal’s activities have compromised its ability to contribute significantly to the reconciliation process. On the other hand, the international community applauds ICTY’s emphasis on the rule of law in rebuilding democracy.Seven Serb Officers on Trial for Srebrenica Massacre (July 14, 2006)
Seven men face charges at the International Criminal Tribunal for Yugoslavia (ICTY), accused of involvement in the 1995 mass killings of Bosnian Muslims. As the Hague-based court takes on its largest joint trial, two of the alleged masterminds of the genocide, General Ratko Mladic and political leader Radovan Karadzic, remain at large. (People’s Daily Online)Tribunal President Sets Fugitive Arrest Deadline (July 11, 2006)
Fausto Pocar, President of the International Criminal Tribunal for Yugoslavia (ICTY), tells the Institute for War and Peace Reporting that the court must capture all remaining fugitives by the end of 2006. Pocar echoes the concerns of many that health issues, complex indictments and “major unforeseen problems” may prevent ICTY from meeting its 2009 deadline to complete all trial proceedings.Trying War Criminals Locally (April 20, 2006)
The newly established War Crimes Court (WCC) in Bosnia and Herzegovina offers a new opportunity to try war criminals domestically. Many Bosnians were dissatisfied with their citizens’ limited involvement in the International Criminal Tribunal for Yugoslavia (ICTY) and “standing on the sidelines” in the search for justice. But the WCC has experienced a rocky start – facing a corruption scandal, absent public profile and tense relationship with the ICTY in the first few months of operation. (New Republic)Command Responsibility Convictions (March 17, 2006)
The International Criminal Tribunal for Yugoslavia (ICTY) convicted its first indictees for crimes committed by subordinates. The two senior Bosnian Muslim commanders were convicted for the murder, cruel treatment and plunder of Bosnian Croat and Serb civilians carried out by their troops. ICTY rules state that “commanders bear individual criminal responsibility” for a subordinates’ crime if they “fail to prevent illegal actions or do not punish the perpetrators.” (Institute for War and Peace Reporting)2005
The Hague Tribunal: The Political Economy of Sham Justice (November 20, 2005)
In an article criticizing the International Criminal Tribunal for the former Yugoslavia (ICTY), Edward S. Herman states that NATO countries, spearheaded by the US, set up the tribunal to cover up their own war crimes during the period of fighting in the Balkans. The use of rhetorical devices like calls for “justice”, “reconciliation”, and “retribution” actually mask NATO and the US’ interventionist intentions. (Center for Research on Globalization)Jury Still Out on Tribunal's Success (November 13, 2005)
Ten years after the end of war in the Balkans, critics and proponents alike have plenty to say about the International Criminal Tribunal for the former Yugoslavia (ICTY). Some criticize the tribunal for taking too long, and for geographically removing justice proceedings from the region where crimes took place. Others, however, praise the ICTY for establishing sweeping reforms to international law and justice. "It's almost an assumption now that there will be a justice mechanism after conflict," said one expert. (Cox News Service)Lukic Set to Face Trial for Visegrad Terror (August 10, 2005)
The arrest of Serb military leader and top war crimes suspect Milan Lukic ends speculations about his whereabouts and his mixed signals on surrendering to The Hague. Prosecutors at the tribunal hope that Lukic will provide information on sought after indictees Radovan Karadzic and Ratko Mladic. (Institute for War and Peace Reporting)Balkans: Karadzic and Mladic Are 'Everywhere But in The Hague' (July 28, 2005)
This Radio Free Europe/Radio Liberty article offers speculations on the reasons why powerful international military forces remain unable to catch Ratko Mladic and Radovan Karadzic. Whether the two former Serb leaders remain at large due to unstated NATO policy, Muslim and Croatian politicians’ fear of war secrets revelations or Serb authorities’ unwillingness to take political risks, the author affirms that the fugitives are “a source of embarrassment” to NATO and former Yugoslavia Tribunal officials.Pensions for War Criminals (July 25, 2005)
This Newsweek article indicates that the generous benefits paid to war criminals who turn themselves in to The Hague are damaging both to national reconciliation and to international justice. While the Serbian government has yet to make any legal provision for the victims of the war crimes, the criminals are celebrated as heroes, argues the author.Nuremberg-Style Trial Planned for Bosnia’s Worst Atrocity (July 15, 2005)
Urged by a 2008 completion deadline, prosecutors at the war crimes tribunal for the former Yugoslavia have requested a joint trial for nine senior Bosnian army and police officers allegedly involved in the Srebrenica genocide. Critics warn that the seemingly speedy joint proceedings would in fact take more time and use more resources than individual trials, and that altering charges for logistical purposes would not be fair to the defendants. (Institute for War and Peace Reporting)Srebrenica Indictees: Is a Joint Trial the Way Forward for the ICTY? (July 9, 2005)
Ten years after the Srebrenica massacre and with only four of the nineteen accused facing sentences, Radio Netherlands explores the possibility of the International Criminal Tribunal for Yugoslavia conducting joint trials for the alleged war crimes offenders. While joint proceedings could result in greater coherence in the treatment of charges, some lawyers at the tribunal are worried that they would be an “organizational nightmare.”War Crimes Prosecutions at The Hague Gather Steam under the Radar (June 12, 2005)
Following US and EU coordinated economic pressures, observers note that the Serbian government is finally making efforts to collaborate with the International Criminal Tribunal for Yugoslavia. Most top officials accused of war crimes are already in The Hague, though military and political leaders Radovan Karadzic and Ratko Mladic remain at large. (Baltimore Sun)Witness Intimidation a Serious Problem in Kosovo (April 1, 2005)
The International Criminal Tribunal for Yugoslavia must deal with the “widespread, systematic and potentially deadly” problem of witness intimidation when prosecuting former Kosovo Liberation Army officials. Albanian witnesses in particular often receive threats from associates of the accused. The Institute for War and Peace Reporting suggests that such intimidation stems from a culture that holds honor and loyalty in high esteem, but also from a fundamental lack of respect for the law.Hague Court’s Changing Role (March 17, 2005)
This article analyzes the progression of the International Criminal Tribunal for Yugoslavia “from an unpromising experiment [to] a fully-fledged institution of international justice.” It describes the tribunal’s origins as “a salve for guilty consciences” but explains how it has evolved beyond this in line with increased cooperation by Balkan. (BBC)Impunity for War Crimes Must End (March 16, 2005)
Amnesty International commends the EU Council’s decision to delay accession talks with Croatia on account of Zagreb’s non-cooperation with the International Criminal Tribunal for Yugoslavia (ICTY). Observers describe efforts by the Croatian justice system to investigate and prosecute its war criminals as “largely insufficient” and before EU talks can begin, the government must arrest and hand over former General Ante Gotovina to the ICTY.UN War Crimes Tribunal Indicts Its Last Balkans War Suspect (March 15, 2005)
Prosecutors for the International Criminal Tribunal for Yugoslavia (ICTY) have issued their final indictment against the main Balkan war criminal suspects. Former Macedonian Interior Minister Ljube Boskovski and his former bodyguard were charged with the murders of Albanians during the 2001 conflict. The ICTY must now race to complete trials by 2008 and appeals by 2010, but 17 indictees remain at large including the tribunal’s most wanted: Radovan Karadzic and Ratko Mladic. (Agence France Presse)The Flood of War Crimes Suspects… (March 12, 2005)
The influx of high profile indictees at the International Criminal Tribunal for Yugoslavia increases the likelihood that the court will complete its trials on schedule by 2008. It also further raises hopes that Bosnian Serb fugitives Radovan Karadzic and Ratko Mladic could turn themselves in to the tribunal within a year. The fact that ten suspects surrendered voluntarily or after negotiations with their governments has improved the ICTY’s legitimacy among Serbs, and signals the interest of Balkan states to cooperate in return for potential EU membership. (Associated Press)Let the War Crimes Tribunal Do Its Work (March 9, 2005)
The International Herald Tribune declares that the International Criminal Tribunal for Yugoslavia (ICTY) “stands in between the Balkan nations, their past and their future.” Cooperation with the tribunal is a precursor for Croatia and Serbia's accession to the EU, and Kosovo’s reaction to the indictment of its Prime Minister will impact its bid for independence. As such, the article warns the Balkan countries against “downgrading the importance” of the ICTY.Kosovo Chief Resigns and Surrenders to Hague Tribunal (March 9, 2005)
Kosovo’s Prime Minister Ramush Haradinaj has resigned from office after the International Criminal Tribunal for Yugoslavia indicted him on unspecified charges for his actions as a guerrilla commander during the 1998 conflict. Haradinaj’s surrender is the latest in a series of unprecedented high profile arrivals at The Hague, and has left Kosovo in “shock” over the resignation of a “popular war hero.” (New York Times)Bosnia to Open Own War Crimes Court (March 6, 2005)
The new Bosnian War Crimes Chamber in Sarajevo will begin taking over trials for some of the defendants originally indicted by the International Criminal Tribunal for Yugoslavia. Observers see the Chamber’s establishment as “a sign the country is able to deal with the legacy of its bloody past.” But the fledgling court will face problems convincing Bosnian Serbs of its impartiality and persuading other former Yugoslav states to hand over suspects for trial. (Reuters)‘Crime of Opinion’ Is One Thing, But War Crime Is Another (February 11, 2005)
The International Criminal Tribunal for Yugoslavia has indicted Vojislav Seselk for “incitement to commit (war) crimes” and participation in joint criminal enterprise. His supporters have denounced the first indictment as a frivolous “crime of opinion,” and the second as “an offence unknown in any national jurisdiction.” The author of this article, a Human Rights Watch researcher, rebuts these allegations by explaining the applicable customary international law and examining the background facts of the charges. (Danas)Justice Seeks an Exit Strategy (January 7, 2005)
As the International Criminal Tribunal for Yugoslavia “enters [its] end game facing diminished resources and waning political will,” this Taipei Times article speculates on what will happen to any unresolved cases in 2008. Transfer to national courts emerges as a likely, but unpromising option given the region’s ineffectual track record in prosecuting its own war criminals.Lengthy Hague Trials Under Scrutiny (January 7, 2005)
On average, defendants at The Hague spend one year and five months in pre-trial detention awaiting trials that can last years, and the appeals system further prolongs the ordeals. Observers blame long indictments, non-assertive judges and the “often-uneasy” blend of common and civil law for the delays. Institute for War and Peace Reporting debates whether the complexity of the trials really warrants such lengthy proceedings.
More Information on International Justice
More Information on Special International Criminal Tribunals
More Information on Rogues Gallery
Links
