International Criminal Tribunal for the Former Yugoslavia

International Criminal Tribunal for the Former Yugoslavia
ICTY emblem
United Nations flag
ICTY office building in The Hague
English designation	International Criminal Tribunal for the former Yugoslavia (ICTY)
French designation	Tribunal international for the ex-Yougoslavie (TPIY)
organization type	Ad Hoc Criminal Court
seat of the organs	The Hague , Netherlands
presidency	Judge Carmel A. Agius (President of the International Criminal Tribunal for the Former Yugoslavia)
founding	May 25, 1993
resolution	December 31, 2017
parent organization	United Nations Security Council
www.icty.org

The International Criminal Tribunal for the former Yugoslavia ( French : Tribunal pénal international pour l'ex-Yougoslavie , TPIY for short ; ICTY for short ), commonly known colloquially as the UN War Crimes Tribunal or The Hague Tribunal , was an ad hoc criminal court based in The Hague , The Netherlands .

It was created by UN Security Council Resolution 827 of May 25, 1993 and was responsible for prosecuting serious crimes committed in the Yugoslav wars since 1991 . Since July 2012, the International Residual Mechanism for the Ad Hoc Criminal Courts has functioned as a joint successor to the ICTY and the International Criminal Court for Rwanda .

Former Swiss chief prosecutor Carla Del Ponte was replaced on January 1, 2008 by Belgian Serge Brammertz .

Of the 161 people charged, 84 people were convicted. The last criminal case was completed on November 29, 2017. As of December 31, 2017, the Criminal Court was officially closed.

responsibilities

According to the Statute, the Criminal Court had the following competences:

• Factual: The Court has power to prosecute four categories of offences: serious violations of the Geneva Conventions , violations of the laws or customs of war , genocide and crimes against humanity .
• Personal: Jurisdiction includes only natural persons (no organizations or governments).
• Geographical: Crimes committed on the territory of the former Yugoslavia .
• Temporal: Crimes committed since 1991.
• Competitive: The Court of Justice has precedence over the national courts.

Trials could only be conducted against those present in person, and the maximum penalty for the accused is life imprisonment . The penal system is carried out in one of the states that have agreed to accept convicts in treaties with the United Nations . The Court can also refer cases to competent national courts, such as the Special War Crimes Chamber of the Belgrade District Court .

organizational structure

The criminal court consisted of the court administration, which is also responsible for the United Nations Detention Unit of the court in the Scheveningen district of The Hague , in which the suspects are in custody, a prosecution authority and the chambers .

The prosecution was headed by an independently working chief prosecutor. He was appointed by the UN Security Council at the suggestion of the UN Secretary General  . The current chief prosecutor is the Belgian Serge Brammertz , who has succeeded the Swiss Carla del Ponte . From 1997 to 1998, the Canadian Louise Arbor , before that the South African Richard Goldstone (1994-1996) held this post – the Venezuelan Escovar Salom, who had originally been chosen as the first chief prosecutor, had ultimately canceled. The chief prosecutor from 1994 to 2003 was also chief prosecutor of the second UN tribunal, the International Criminal Tribunal for Rwanda , until the reorganization of the criminal court in September 2003 .

The Court consisted of 18 permanent judges divided into three Trial Chambers and one Appeals Chamber. 16 of the permanent judges are elected by the UN General Assembly from a list established by the UN Security Council. The other two permanent judges are appointed by the President of the International Criminal Tribunal for Rwanda from among the judges of the International Criminal Tribunal for Rwanda, after consultation with the President of the International Criminal Tribunal for the former Yugoslavia.

The permanent judges elected the President of the Criminal Court from among their ranks – most recently the Maltese Carmel A. Agius , who replaced the American Theodor Meron in November 2015 . Prior to this, this position was held by the Jamaican Patrick Robinson (2008-2011), the Italian Fausto Pocar (2005-2008), also Theodor Meron (2002-2005), the Frenchman Claude Jorda (1999-2002), the American Gabrielle Kirk McDonald (1997-1999) and Italian Antonio Cassese (1993-1997).

Deputy President since November 2015 was Chinese Liu Daqun .

In addition to the permanent judges, another twelve so-called ad litem judges were available as temporary reinforcements for individual processes. The three criminal chambers heard in the first instance. They each consisted of three permanent judges elected by the UN General Assembly. The Appeals Chamber consisted of seven permanent judges, including two judges appointed by the President of the International Court of Justice for Rwanda. The President of the International Criminal Tribunal for the former Yugoslavia was also ex officio Chairman of the Appeals Chamber. The seven judges of the Appeals Chamber also formed the Appeals Chamber for the International Criminal Tribunal for Rwanda.

The Court's budget was approved by the UN General Assembly. The court was also financed by donations from states or supranational organizations such as the European Commission . The ICTY provided information on the amount of the budget and the donors in its annual reports.

A total of 919 employees from 76 nations were employed. The budget was about $ 150 million per year.

College of judges (permanent judges)

• Carmel A Agius, President
• Liu Daqun, Vice President
• Koffi Kumelio Afande
• Jean Claude Antonetti
• Guy Delvoie
• Christoph Flügge
• Burton Hall
• Khalida Khan
• O Gon Kwon
• Theodore Meron
• Bakone Justice Moloto
• Howard Morrison
• Mandiaye Niang
• Alphons MM Orie
• Fausto Pocar

Former Permanent Judges: Georges Abi-Saab (Egypt), Mohamed Bennouna (Morocco), Iain Bonomy (UK), Antonio Cassese (Italy), Jules Deschênes (Canada), Amin El Abbassi El Mahdi (Egypt), Asoka de Zoysa Gunawardana (Sri Lanka), Mehmet Güney (Turkey), David Anthony Hunt (Australia), Saad Saood Jan (Pakistan), Claude Jorda (France), Adolphus Godwin Karibi-Whyte (Nigeria), Germain Le Foyer De Costil (France), Haopei Li (China), Richard George May (UK), Gabrielle Kirk McDonald (USA), Florence Ndepele Mwachande Mumba (Zambia), Rafael Nieto Navia (Colombia), Elizabeth Odio Benito (Costa Rica), Kevin Parker (Australia), Arlette Ramaroson (Madagascar), Patrick L. Robinson (Jamaica), Almiro Simões Rodrigues (Portugal), Fouad Abdel-Moneim Riyadh (Egypt), Wolfgang Schomburg (Germany), William Hussein Sekule (Tanzania), Mohamed Shahabuddeen (Guyana), Rustam S .Sidhwa (Pakistan), Sir Ninian Stephen (Australia), Christine Van den Wyngaert (B elgien), Lal Chand Vohrah (Malaysia), Patricia M. Wald (USA), Wang Tieya (China), Bakhtiyar Tuzmukhamedov (Russia), Andresia Vaz (Senegal), Inés Mónica Weinberg de Roca (Argentina)

Ad litem judge

last:

• Melville Baird
• Flavia Lattanzi
• Antoine Kesia-Mbe Mindua

Former ad litem judges: Carmen Maria Argibay (Argentina), Hans Henrik Brydensholt (Denmark), Maureen Harding Clark (Ireland), Justice Ali Nawaz Chowhan (Pakistan), Pedro David (Argentina), Fatoumata Dembélé Diarra (Mali), Albin Eser (Germany), Elizabeth Gwaunza (Zimbabwe), Mohammed El Habib Fassi Fihri (Morocco), Claude Hanoteau (France), Frederik Harhoff (Denmark), Frank Höpfel (Austria), Ivana Janu (Czech Republic), Tsvetana Kamenova (Bulgaria), Uldis Kinis (Latvia), Per-Johan Viktor Lindholm (Finland), Joaquín Martín Canivell (Spain), Janet M. Nosworthy (Jamaica), Prisca Matimba Nyambe (Zambia), Michèle Picard (France), Árpád Prandler (Hungary), Kimberly Prost (Canada), Vonimbolana Rasoazanany (Madagascar), Amarjeet Singh (Singapore), Ole Bjørn Støle (Norway), Albertus Swart (Netherlands), György Szénási (Hungary), Chikako Taya (Japan), Krister Thelin (Sweden), Stefan Trechsel (Switzerland), Volodymyr Vasylenko (Ukraine), Sharon Williams (Canada)

Three judges presided over the main proceedings and then determine the verdict with a 2:1 majority or unanimously without the help of lay judges or a jury. The Appeals Chamber decides with a simple majority. Some judges judge several cases at the same time and there are substitute judges on record.

Convicts and prosecutors could appeal once, in exceptional cases, if more recent investigation results raise significant doubts, another appeals chamber overturns an already final appeal judgment. In the case of Duško Tadić, the charges were expanded and tried again after the final guilty verdict, without this being regarded as an inadmissible double jeopardy. In the case of Haradinaj et al. After the final acquittal, further charges were filed because incriminating material had subsequently surfaced.

Punish

The only permissible punishment was imprisonment , which could be imposed indefinitely. Both very long time sentences (45 years) and life imprisonment have already been imposed. After deduction of extradition and pre-trial detention, the remainder of the sentence is served in the ordinary penal system of a contracting state with the ICTY.

The following countries imprison those who have been convicted: Norway, Sweden, Finland, Estonia, Denmark, Great Britain, Belgium, Germany, Austria, Italy, France, Spain; Other contracting states still without transfer: Poland, Slovakia, Ukraine, Albania, Portugal.

Accuse

scope

One of the detention cells (15 m²) in the tribunal's detention center

Since the Criminal Court became fully operational in December 1994, court-approved indictments have been released against 161 suspects, 133 of whom have presented themselves to the tribunal, either compulsorily or voluntarily.

Since Goran Hadžić 's arrest on July 20, 2011, none of the accused have escaped.

In 36 cases, the charges were withdrawn: the charges against 20 people were dropped in the preliminary proceedings due to a lack of incriminating evidence, 10 accused died before they were extradited, 6 during the main proceedings.

In the final judgments of the Criminal Court up to November 2017, there were 83 guilty verdicts and 19 acquittals; 13 accused were extradited to other courts. By 2011, 20 defendants had pleaded guilty to the essential counts.

As of 13 September 2011, there were 35 pending cases: 16 appeal cases, 17 first instance cases and 2 preliminary cases ( Goran Hadžić and Ratko Mladić ).

The cases of the KLA commanders Haradinaj, Balaj and Brahimaj were resumed in July 2010. On November 29, 2012, all three commanders were found not guilty.

accused

The trial against Slobodan Milošević , the former president of Yugoslavia and Serbia , which began in February 2002 and died in custody in March 2006 shortly before the end of his trial , aroused particular interest . In recent legal history, he was the first sitting head of state to be indicted by an international criminal court.

Accused were:

Surname	nationality	admission of guilt	Judgment in the 1st instance * (years imprisonment)	appeal verdict	Remarks
Rahim Ademi	Kosovo Albanians	not guilty	delivered	–	acquitted in Croatia
Mehmed Alagic	Bosniaks	not guilty	–	–	died before the end of the trial
Zlatko Aleksovski	Bosnian Croat	not guilty	2.5	7
Stipo Alilovic	Bosnian Croat	–	–	–	died before the trial began
Milan Babic	Croatian Serb	guilty	13	13
Mirko Babic	Bosnian Serb	–	–	–	charge withdrawn
Haradin Bala	Kosovo Albanians	guilty	13	13
Idriz Balaj	Kosovo Albanians	not guilty	acquittal	cancellation	new charge
WAV* Balaj		not guilty	acquittal	no calling
Nenad Banovic	Bosnian Serb	–	–	–	charge withdrawn
Predrag Banovic	Bosnian Serb	guilty	8th	no calling
Ljubisa Beara	Bosnian Serb	not guilty	lifelong	lifelong
Vidoje Blagojevic	Bosnian Serb	not guilty	18	15
Tihomir Blaskić	Bosnian Croat	not guilty	45	9
Janko Bobetko	Croatian	–	–	–	died before the trial began
Ljubomir Borovcanin	Bosnian Serb	not guilty	17	no calling
Goran Borovnica	Serb	–	–	–	died before the trial began
Ljube Boškoski	Macedonians	not guilty	acquittal	acquittal
Lahi Brahimaj	Kosovo Albanians	not guilty	6	6	new charge
WAV* Brahimaj		not guilty	acquittal	no calling
Miroslav Bralo	Bosnian Croat	guilty	20	20
Radoslav Brdanin	Bosnian Serb	not guilty	32	30
Mario Cerkez	Bosnian Croat	not guilty	15	6
Ivan Cermak	Croatian	not guilty	acquittal	acquittal
Ranko Cešić	Bosnian Serb	guilty	18	no calling
Valentin Coric	Bosnian Croat	not guilty	16	16
Zejnil Delalic	Bosniaks	not guilty	acquittal	acquittal
Hazim Delic	Bosniaks	not guilty	18	18
Rasim Delic	Bosniaks	not guilty	3	no appeal (deceased)
Miroslav Deronjic	Bosnian Serb	guilty	10	no calling
Slavko Dokmanovic	Serb	not guilty	–	–	died before the end of the trial
Vlastimir Djordjevic	Serb	not guilty	27	18
Damir Došen	Bosnian Serb	guilty	5	no calling
Simo Drljača	Bosnian Serb	–	–	–	died before the trial began
Djordje Djukic	Bosnian Serb	not guilty	–	–	died before the end of the trial
Drazen Erdemovic	Bosnian Croat	guilty	10	5
Anto Furundžija	Bosnian Croat	not guilty	10	10
Dusan Fuštar	Bosnian Serb	not guilty	delivered	–	in Bosnia 9 years imprisonment
Dragan Gagovic	Bosnian Serb	–	–	–	died before the trial began
Stanislav Galic	Bosnian Serb	not guilty	20	lifelong
Ante Gotovina	Croatian	not guilty	24	acquittal
Zdravko Govedarica	Bosnian Serb	–	–	–	charge withdrawn
(?) Gruban		–	–	–	charge withdrawn
Momcilo Gruban	Bosnian Serb	not guilty	delivered	–	in Bosnia 7 years imprisonment
Milan Gvero	Bosnian Serb	not guilty	5	no appeal (deceased)
Goran Hadzic	Croatian Serb	not guilty	–	–	died before the end of the trial
Enver Hadzihasanovic	Bosniaks	not guilty	5	3.5
Sefer Halilovic	Bosniaks	not guilty	acquittal	acquittal
Ramush Haradinaj	Kosovo Albanians	not guilty	acquittal	cancellation	new charge
WAV* Haradinaj		not guilty	acquittal	no calling
Janko Janjic	Bosnian Serb	–	–	–	died before the trial began
Nikica Janjic	Bosnian Serb	–	–	–	died before the trial began
Gojko Jankovic	Bosnian Serb	not guilty	delivered	–	in Bosnia 34 years imprisonment
Goran Jelisic	Bosnian Serb	guilty	40	40
Dragan Jokic	Bosnian Serb	not guilty	9	9
Miodrag Jokic	Serb	guilty	7	7
Drago Josipovic	Bosnian Croat	not guilty	15	12
Radovan Karadzic	Bosnian Serb	not guilty	40	lifelong
Marinko Katava	Bosnian Croat	–	–	–	charge withdrawn
Dusko Knezevic	Bosnian Serb	not guilty	delivered	–	in Bosnia 31 years imprisonment
Dragan Kolundžija	Bosnian Serb	guilty	3	no calling
Dragan Kondic		–	–	–	charge withdrawn
Dario Kordic	Bosnian Croat	not guilty	25	25
Milojica Kos		not guilty	6	no calling
Predrag Kostic		–	–	–	charge withdrawn
Radomir Kovač	Bosnian Serb	not guilty	20	20
Milan Kovacevic	Bosnian Serb	not guilty	–	–	died before the end of the trial
Vladimir Kovacevic	Montenegr. Serb	not guilty	delivered	–	unable to negotiate in Serbia
Momcilo Krajišnik	Bosnian Serb	not guilty	27	20
Milorad Krnojelac	Bosnian Serb	not guilty	7.5	15
Radislav Krstic	Bosnian Serb	not guilty	46	35
Amir Kubura	Bosniaks	not guilty	2.5	2
Dragoljub Kunarac	Bosnian Serb	not guilty	28	28
Mirjan Kupreskić	Bosnian Croat	not guilty	8th	acquittal
Vlatko Kupreskić	Bosnian Croat	not guilty	6	acquittal
Zoran Kupreskić	Bosnian Croat	not guilty	10	acquittal
Miroslav Kvočka	Bosnian Serb	not guilty	7	7
Goran Lajic		–	–	–	charge withdrawn
Esad Landžo	Bosniaks	not guilty	15	15
Vladimir Lazarevic	Serb	not guilty	15	14
Fatmir Limaj	Kosovo Albanians	not guilty	acquittal	acquittal
Paško Ljubicic	Bosnian Croat	not guilty	delivered	–	in Bosnia 10 years imprisonment
Milan Luke	Bosnian Serb	not guilty	lifelong	lifelong
Sredoje Lukic	Bosnian Serb	not guilty	30	27
Sreten Lukic	Serb	not guilty	22	20
Zoran Marinić		–	–	–	charge withdrawn
Mladen Markac	Croatian	not guilty	18	acquittal
Milan Martic	Croatian Serb	not guilty	35	35
Vinko Martinovic	Bosnian Croat	not guilty	18	18
Željko Mejakic	Bosnian Serb	not guilty	delivered	–	in Bosnia 21 years imprisonment
Radivoje Miletic	Bosnian Serb	not guilty	19	18
Slobodan Miljkovic	Serb	–	–	–	died before the trial began
Dragomir Milosevic	Bosnian Serb	not guilty	33	29
Slobodan Milosevic	Serb	not guilty	–	–	died before the end of the trial
Milan Milutinovic	Serb	not guilty	acquittal	acquittal
Ratko Mladic	Bosnian Serb	not guilty	lifelong	lifelong
Darko Mrđa	Bosnian Serb	guilty	17	no calling
Mile Mrkšić	Croatian Serb	not guilty	20	20
Zdravko Mucic	Bosnian Croat	not guilty	7	9
Agim Murtezi	Kosovo Albanians	–	–	–	charge withdrawn
Isak Musliu	Kosovo Albanians	not guilty	acquittal	acquittal
Mladen Naletilić	Bosnian Croat	not guilty	20	20
Dragan Nikolic	Bosnian Serb	guilty	23	20
Drago Nikolic	Bosnian Serb	not guilty	35	35
Momir Nikolic	Bosnian Serb	guilty	27	20
Mirko Norac	Croatian	not guilty	delivered	–	in Croatia 6 years imprisonment
Dragan Obrenovic	Bosnian Serb	guilty	17	no calling
Dragoljub Ojdanic	Serb	not guilty	15	–	appeal withdrawn
Naser Oric	Bosniaks	not guilty	2	acquittal
Vinko Pandurević	Bosnian Serb	not guilty	13	13
Dragan Papic	Bosnian Croat	not guilty	acquittal	acquittal
Nedeljko Paspalj	Bosnian Serb	–	–	–	charge withdrawn
Nebojsa Pavkovic	Serb	not guilty	22	22
Milan Pavlic	Bosnian Serb	–	–	–	charge withdrawn
Momcilo Perisic	Serb	not guilty	27	acquittal
Biljana Plavsic	Bosnian Serb	guilty	11	no calling
Milivoj Petkovic	Bosnian Croat	not guilty	20	20
Milutin Popovic	Serb	–	–	–	charge withdrawn
Vujadin Popovic	Bosnian Serb	not guilty	lifelong	lifelong
Slobodan Praljak	Bosnian Croat	not guilty	20	20	Suicide during sentencing 2017
Dragoljub Prcać	Bosnian Serb	not guilty	5	5
Drazenko Predojevic	Serb	–	–	–	charge withdrawn
Jadranko Prlic	Bosnian Croat	not guilty	25	25
Berislav Pusic	Bosnian Croat	not guilty	10	10
Miroslav Radic	Serb	not guilty	acquittal	acquittal
Mlađo Radić	Bosnian Serb	not guilty	20	20
Ivica Rajic	Bosnian Croat	guilty	12	no calling
Mitar Rašević	Bosnian Serb	not guilty	delivered	–	in Bosnia 8.5 years imprisonment
Željko Ražnatović "Arkan"	Serb	–	–	–	murdered in Belgrade
Nikola Šainovic	Serb	not guilty	22	18
Ivan Šantić		–	–	–	charge withdrawn
Vladimir Šantic	Bosnian Croat	not guilty	25	18
Dragomir Saponja	Bosnian Serb	–	–	–	charge withdrawn
Željko Savic		–	–	–	charge withdrawn
Vojislav Seselj	Serb	not guilty	acquittal	10	11 years in pre-trial detention until the first sentencing, after conviction on appeal not back in prison because the sentence was shorter than the pre-trial detention already served
Duško Sikirica	Bosnian Serb	guilty	15	no calling
Franko Simatovic	Serb	not guilty	acquittal	cancellation	12 years imprisonment at the IRMCT
Blagoje Simic	Bosnian Serb	not guilty	17	15
Milan Simic	Serb	guilty	5	no calling
Pero Skoplyak	Croatian	–	–	–	charge withdrawn
Veselin Šljivancanin	Montenegrins	not guilty	5	17	reduced to 10 years
Milomir Stakic	Bosnian Serb	not guilty	lifelong	40
Jovica Stanisic	Serb	not guilty	acquittal	cancellation	12 years imprisonment at the IRMCT
Mićo Stanišić	Bosnian Serb	not guilty	22	22
Radovan Stankovic	Bosnian Serb	not guilty	delivered	–	20 years imprisonment in Bosnia
Bruno Stojic	Bosnian Croat	not guilty	20	20
Vlajko Stojiljkovic	Serb	–	–	–	died before the trial began
Pavle Strugar	Montenegrins	not guilty	8th	7.5
Dusko Tadic	Bosnian Serb	not guilty	20	20	subsequently further charges further sentence of 25 years second appeal sentence: 20 years
Miroslav Tadic	Bosnian Serb	not guilty	8th	no calling
Momir Talic	Bosnian Serb	not guilty	–	–	died before the end of the trial
Johan Tarculovski	Macedonians	not guilty	12	12
Nedjeljko Timarac	Bosnian Serb	–	–	–	charge withdrawn
Stevan Todorovic	Bosnian Serb	guilty	10	no calling
Savo Todovic	Bosnian Serb	not guilty	delivered	–	in Bosnia 12.5 years imprisonment
Zdravko Tolimir	Bosnian Serb	not guilty	lifelong	lifelong	died in custody
Milorad Trbic	Bosnian Serb	not guilty	delivered	–	30 years imprisonment in Bosnia
Mitar Vasiljevic	Bosnian Serb	not guilty	20	15
Zoran Vukovic	Bosnian Serb	not guilty	12	12
Simo Zaric	Bosnian Serb	not guilty	6	no calling
Milan Zec	Serb	–	–	–	charge withdrawn
Dragan Zelenovic	Bosnian Serb	guilty	15	15
Zoran Zigic	Bosnian Serb	not guilty	25	25
Stoyan Zupljanin	Bosnian Serb	not guilty	22	22

Source:
*) The number indicates the length of imprisonment in years; WAV is the abbreviation of retrial after conviction.

If there is no appeal judgment, either the appeal was waived or it was rejected as unfounded because the application did not claim and justify a serious misjudgment by the first instance.

termination

With the ceremonial opening of the International Residual Mechanism for the ad hoc criminal courts in July 2013, a large number of press department, translation and archive staff will gradually transfer to this newly established tribunal. In the future, the residual mechanism will regulate releases from prison, reduced prison terms, media work, etc. Hadžić died in 2016, Mladić was sentenced to life imprisonment on November 22, 2017, and the last sentences against Bosnian Croat defendants were confirmed on November 29, 2017. The ICTY will be closed at the end of 2017; In future, appeals should be addressed to the residual mechanism. Information centers with access to all audio files and over 2,000,000 documents were set up in both Banja Luka and Sarajevo .

criticism

Kosta Čavoški , Serbian professor of international law, who is no longer allowed to enter Bosnia-Herzegovina because of alleged connections to war criminals, criticized, among other things, that the tribunal had been founded in violation of international law. It is based on a generous interpretation of Chapter VII of the UN Charter , which speaks of "special measures to maintain or restore international peace and security". Defendants such as former Serbian and Yugoslav President Slobodan Milošević were kidnapped or extradited in an unconstitutional manner. He was also not properly treated medically. The legal scholar Konstantinos D. Magliveras follows this line of argument, complaining that the tribunal shapes its own rules as it pleases and is not subject to any independent control. Since the prosecutor is an organ of the tribunal, he has a dominant position in the proceedings. Statements by witnesses whose identities are being kept secret by the court are admissible as evidence. It should also be criticized that there is no possibility of appeal for convicted defendants. Norman Paech , professor emeritus and politician of the left , believes that the tribunal is being used politically. It was also stated that the tribunal was only interested in crimes committed by perpetrators of ex-Yugoslav nationality, while allegations of war crimes by NATO member states were not investigated. Finally, defendants of Serbian nationality are disadvantaged compared to others: while many Muslim or Croatian defendants get off with relatively short prison sentences, defendants such as Biljana Plavšić are usually sentenced to long prison terms.

On the other hand, the European Court of Human Rights (ECtHR) ruled on May 4, 2000 in the case of Naletilic v. Croatia that the Yugoslavia tribunal is an international court which, given the content of its statute and its rules of procedure, offers all the necessary safeguards for a fair trial , including those of impartiality and independence (in view of the content of its Statute and Rules of Procedure, offers all the necessary guarantees including those of impartiality and independence) .

See also

• International Criminal Court
• Serbia and the European Union

documentations

• War in Court – The Yugoslavia Trials . Lucio Mollica , LOOKSfilm , 2021. Aired on ARTE on April 20, 2021.

literature

• Friedrich Jäger: The International Tribunal on War Crimes in the Former Yugoslavia: Claim and Reality (=  Political Science . Volume 107 ). LIT Verlag, Munster 2005, ISBN 3-8258-8400-7 .
• Slavenka Drakulić : Nobody was there. War crimes in the Balkans on trial. Paul Zsolnay Verlag Vienna 2004 ISBN 3-552-05290-9 ( Chapters Triumph of Evil and The Transformation of Biljana Plavšić online at eurozine.com )

web links

Commons : International Criminal Tribunal for the Former Yugoslavia  - Collection of images, videos and audio files

• ICTY official website (English, French, Bosnian-Croatian-Serbian, Albanian and Macedonian)
  • Key Figures of ICTY Cases ( Memento of 26 January 2009 at the Internet Archive )
• Collection of ICTY decisions in the Legal Tools project
• German translation of Resolution 827
• Statute of the ICTY
• German translation of the ICTY statute; Status: November 2000 (PDF; 34 kB)

itemizations

1. ↑ The ICTY renders its final judgment in the Prlić et al. appeal case
2. ↑ SECURITY COUNCIL APPOINTS SERGE BRAMMERTZ, FORMER LEAD INVESTIGATOR OF LEBANESE PRIME MINISTER'S DEATH, TO HEAD INTERNATIONAL TRIBUNAL FOR FORMER YUGOSLAVIA. In: United Nations. November 28, 2007, archived from the original on December 29, 2015 ; accessed 8 June 2021 (English). 
3. ↑ Caroline Fetscher: The Yugoslavia tribunal - a balance sheet. In: The daily mirror. 29 November 2017, archived from the original on 29 November 2017 ; retrieved 8 June 2021 . 
4. ↑ International Criminal Tribunal for the Former Yugoslavia: Twelfth annual report of 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. (PDF; 405 kB) 17 August 2005 , pp. 47, 61 , archived from the original on 2011-08-06 ; accessed 8 June 2021 (English). 
5. ↑ International Criminal Tribunal for the Former Yugoslavia: Thirteenth annual report of 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. (PDF; 222kB) 21 August 2006, p. 24 , archived from the original on 2011-08-06 ; accessed 8 June 2021 (English). 
6. ↑ International Criminal Tribunal for the Former Yugoslavia: Fourteenth annual report of 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. (PDF; 198 kB) 1 August 2007 , pp. 23–25 , archived from the original on 2011-08-06 ; accessed 8 June 2021 (English). 
7. ↑ Annual Reports. In: United Nations International Tribunal for the former Yugoslavia. Archived from the original on April 24, 2021 ; accessed 8 June 2021 (English). 
8. ↑ The Cost of Justice. In: United Nation International Criminal Tribunal for the former Yugoslavia. Archived from the original on March 10, 2021 ; accessed 8 June 2021 (English). 
9. ^ Tadic (IT-94-1) . In: United Nations International Criminal Tribunal for the former Yugoslavia. Archived from the original on March 8, 2021 ; accessed 8 June 2021 (English). 
10. ↑ Enforcement of Sentences. In: United Nations International Criminal Tribunal for the former Yugoslavia. Archived from the original on February 18, 2021 ; accessed 8 June 2021 (English). 
11. ↑ ICTY Facts & Figures. (PDF; 696 kB) In: International Criminal Tribunal for the former Yugoslavia. November 2017, archived from the original on February 18, 2021 ; Retrieved November 29, 2017 (English). 
12. ^ Official Tribunal Indictment Statistics ( Memento of 26 January 2009 at the Internet Archive )
13. ↑ Acquittal for the KLA commanders Haradinaj, Balaj and Brahimaj (PDF; 159 kB)
14. ↑ Entry on the ICTY website
15. ↑ Case Information Sheet
16. ↑ Report of the tribunal on its termination (PDF; 334 kB)
17. ↑ Bosnia to expel Serbian professor . ( Memento of 7 June 2011 at Internet Archive ) B92 , 4 June 2008
18. ↑ ^{a b c} Kosta Čavoški: The Hague against Justice ( memento of 4 November 2011 in the Internet Archive ), Center for Serbian Studies, Belgrade 1996
19. ↑ Jonathan Widell, Patrick Barriot, Jacques Vergès: Moscow Calling. Why Milošević was never trated in Russia? serbianna.com, August 25, 2006
20. ↑ Konstantinos D. Magliveras: The Interplay Between the Transfer of Slobodan Milosevic to the ICTY and Yugoslav Constitutional Law . (PDF; 56 kB) In: EJIL , 2002, Vol. 13, No. 3, pp. 661-677.
21. ↑ Sense and Abuse of International Jurisdiction. AG Peace Research at the University of Kassel
22. ↑ Paolo Benvenuti: The ICTY Prosecutor and the Review of the NATO Bombing Campaign against the Federal Republic of Yugoslavia (PDF; 164 kB), EJIL (2001) Vol. 12, No. 3, pp. 503-529
23. ↑ Avner Gidron, Claudio Cordone: Faut-il juger l'OTAN? Le Monde Diplomatique , July 2000
24. ↑ European Court of Human Rights, Decision as to the Admissibility of Application no. 51891/99 by Mladen Naletilić against Croatia, 4 May 2000
25. ↑ War in Court - The Yugoslavia Trials (1/2). In: ARTE. Archived from the original on June 26, 2021 ; retrieved June 26, 2021 . 
26. ↑ War in Court - The Yugoslavia Trials (2/2). In: ARTE. Retrieved 27 June 2021 . 

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