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International Criminal Tribunal for the Former Yugoslavia

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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 (ICTY), is a body of the United Nations (UN) established to prosecute war crimes in the former Yugoslavia. The tribunal functions as an ad-hoc court and is located in The Hague.

It was established by Resolution 827 of the UN Security Council, which was passed on May 25, 1993. It has jurisdiction over certain types 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. It can try only individuals, not organizations or governments. The maximum sentence it can impose is life imprisonment. Various countries have signed agreements with the UN to carry out custodial sentences. The last indictment was issued March 15, 2004. It aims to complete all trials by the end of 2008 and all appeals by 2010.

Organization

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

Chambers encompasses the judges and their aides. The Tribunal operates three Trial Chambers and one Appeals Chamber (which also functions as the Appeals Chamber for the ICTR); the Presiding Judge of the Appeals Chamber is also the President of the Tribunal as a whole. Currently, this is Fausto Pocar (Italy; since 2005). His predecessors were Antonio Cassese (Italy; 1993-1997), Gabrielle Kirk-McDonald (USA; 1997-1999) and Claude Jorda (France; 1999-2002), Theodor Meron (USA; 2002-2005).

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 (Netherlands; since 2000). His predecessor was Dorothée de Sampayo Garrido-Nijgh (Netherlands; 1995-2000).

The Office of the Prosecutor (OTP) is responsible for investigating crimes, gathering evidence and prosecuting indictees. It is headed by the Prosecutor, Carla del Ponte, (Switzerland) who until 2003, simultaneously served as the Prosecutor of the International Criminal Tribunal of Rwanda (ICTR); Where she led the OTP since 1999). Previous Prosecutors have been Ramón Escovar-Salom (Venezuela; 1993-1994), Richard Goldstone (South Africa; 1994-1996), and Louise Arbour (Canada; 1996-1999).

Judges

As of 2005, the International Criminal Tribunal for the former Yugoslavia's Appeals Chamber is integrated by:

The Trial Chambers are integrated by:

According to UN resolutions, the ICTY also has nine ad litem Judges:

One judge comes from the Eastern European legal system, and none from orthodox-predominant countries.

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Accomplishments of the Court

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 Yugsolavia 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.

Indictees

Name Ethnicity
Former rank or occupation
Indictment Disposition
Rahim Ademi Albanian, Croatian Army general Operations in the Medak Pocket of Krajina, Croatia Case transferred to Croatian courts
Mehmed Alagić Bosniak, commander of 7th corps, Army of Bosnia and Herzegovina "Mujahadeen" actions in Central Bosnia Died while on parole before case concluded
Zlatko Aleksovski Bosnian Croat, prison commander Unlawful treatment of prisoners in Lasva Valley area in Bosnia and Herzegovina Sentenced to 2 1/2 years, released at sentencing with credit for time served awaiting trial
Stipo Alilović Bosnian Croat, soldier Murder and wanton destruction in "Lasva River Valley Region" Indictment withdrawn after news of his death
Milan Babić Croatian Serb, prime minister of Republika Srpska Krajina For his part in ethnic cleansing in Croatia Sentenced to 13 years, found dead in cell in March 2006, suicide.
Mirko Babić Bosnian Serb Rape at Omarska camp Indictment withdrawn
Haradin Bala Kosovo Albanian, Kosovo Liberation Army prison camp guard Direct participation in the killings at Berisha mountains Sentenced to 13 years
Idriz Balaj Kosovo Albanian, Kosovo Liberation Army special unit commander Murder, rape and persecution in Western Kosovo  
Nenad Banović Bosnian Serb, prison guard Murder, torture and persecution at Keraterm camp Indictment withdrawn
Predrag Banović Bosnian Serb, prison guard Murder, torture and persecution at Keraterm camp Sentenced to 8 years
Ljubiša Beara Bosnian Serb, colonel of Military Police Genocide, murder, persecution and forcible deportation around Srebrenica and Žepa  
Beqë Beqaj Kosovo Albanian Indicted for contempt of the tribunal for allegedly interfering with witnesses in the case against Fatmir Limaj and Isak Musliu Sentenced to 4 months
Vidoje Blagojević Bosnian Serb, Bosnian Serb Army officer Involvement in the Srebrenica massacre Sentenced to 18 years
Tihomir Blaškić Croatian, Croatian Army general Persecutions against the Muslim civilians of Bosnia Convicted, partially dismissed in appeal, sentenced to 9 years, granted early release
Janko Bobetko Croatian, Croatian Army chief of staff Indicted for command authority of Medak Pocket operation Died while "at large" and before the case could be heard
Ljubomir Borovčanin Serb, Commander of the Republika Srpska Ministry of Interior Special Police Indicted in Srebrenica case  
Goran Borovnica Serb, soldier Indicted in Prijedor case Indictment withdrawn due to his apparent death
Ljube Boškovski Macedonian, interior minister of Macedonia For Ljuboten attack  
Lahi Brahimaj Kosovo Albanian, member of the Kosovo Liberation Army For his role in harassment, abuse, expelling, capture, imprisonment, murder, and torture of Serbian and Romany Egyptian civilians from the villages surrounding the Glodjane region  
Radoslav Brđanin Bosnian Serb, president of the crisis staff of the Autonomous Region of Krajina Indicted in connection with persecutions, deportations, murders, torture, and destruction in the Autonomous Region of Krajina Sentenced to 32 years
Miroslav Bralo Bosnian Croat, HVO military policeman For his role in the multiple murder, rape, torture, unlawful confinement andinhumane treatment of Bosnian Muslim civilians, including a number of children, in central Bosnia and Herzegovina (BiH) between January and mid-July 1993 Sentenced to 20 years
Mario Čerkez Croatian, HVO brigade commander For offensives in Lašva Valley, Bosnia Sentenced to 6 years
Ivan Čermak Croatian Army general For his role in the permanent removal of the Serb population from the Krajina region, by force, fear or threat of force, persecution, forced displacement, transfer and deportation, appropriation and destruction of property and other means, which constituted or involved the commission of crimes Awaiting trial
Ranko Ćesić Bosnian Serb, member of the Intervention Squad in the Reservist Corps of the Bosnian Serb police force Murder and sexual abuse in the Luka camp Sentence of 18 years
Valentin Ćorić Bosnian Croat, chief of the HVO's military police For his role in administering Herceg-Bosna prisons and detention facilities as well as in combat and ethnic cleansing operations  
Zejnil Delalić Bosnian Muslim, commander of the First Tactical Group of the Bosnian Muslim forces Indicted with having command and control over the Celebici prison camp Acquitted by the Trial Chamber
Hazim Delić Bosnian Muslim, Bosnian prison camp deputy commander Murder and rape at Celebici prison camp Sentenced to 18 years
Rasim Delić Bosnian Muslim, chief of staff of the Army of Bosnian Muslims For his failure to prevent the Mujahadeen members of the Bosnian army from committing crimes against captured civilians and enemy combatants (murder, rape, torture) Granted provisional release on 6 May 2005, pending the start of his trial
Miroslav Deronjić Bosnian Serb; president of the Bratunac Crisis Staff For attack on the village of Glogova Sentenced to 10 years
Slavko Dokmanović Croatian Serb, Mayor of Vukovar Indicted in connection with killings of hospital inmates Committed suicide before trial
Damir Došen Bosnian Serb; shift commander at the Keraterm prison camp For his role in the inhumane treatment of inmates at the Keraterm prison camp Sentenced to 5 years
Simo Drljača Bosnian Serb, chief of the Public Security Station for Prijedor Actions around Prijedor Killed during attempted arrest
Vlastimir Đorđević Serbian army general Deportation, persecution and murder of Kosovo Albanians At large (as of May, 2006), believed to be hiding in Russia
Đorđe Đukić Bosnian Serb; member of the Main Staff of the Bosnian Serb army Indicted for shelling civilian targets in Sarajevo Released on parole for health reasons; died before the case was tried
Dražen Erdemović Croat, soldier in Bosnian Serb Army/Croat Army Murder of Bosnian Muslim men at Srebrenica Sentenced to 5 years
Anto Furundžija Croat, local commander of the HVO unit, Jokers Torture of a Bosnian Muslim civilian at Nadioci Sentenced to 10 years, granted early release
Dušan Fuštar Bosnian Serb, shift commander at Keraterm prison camp Persecution, inhumane acts and murder of Bosnian Croats, Bosnian Muslims and other non-Serb Bosnians around Prijedor Case transferred to Bosnia and Herzegovina
Dragan Gagović Bosnian Serb; chief of police in Foča For his role in persecutions in Partizan Sports Hall detention centre Killed during attempted arrest
Stanislav Galić Bosnian Serb, commander of Sarajevo Romanija Corps Indicted for shelling and sniping of Sarajevo Sentenced to 20 years ; appeal pending.
Ante Gotovina Croat, Army general Crimes against humanity and violations of the laws or customs of war  
Zdravko Govedarica Bosnian Serb, prison camp guard Indicted for beating a prisoner at Omarska camp Indictment withdrawn
Momčilo Gruban Bosnian Serb, guard shift commander at the Omarska camp Indicted for persecution, inhumane acts and murder Case transferred to Bosnia and Herzegovina
Milan Gvero Bosnian Serb, military assistant commander for Morale, Legal and Religious Affairs Indicted for Srebrenica  
Goran Hadžić Croatian Serb, president of Republic of Serbian Krajina Persecution, murder, torture deportation and wanton destruction in Serbian Krajina At large (as of May, 2006), believed to be hiding in Serbia
Enver Hadžihasanović Bosnian brigadier general Command authority over acts of murder and wanton destruction in Bosnia Sentenced to 5 years (found guilty of 7 out of 36 charges)
Sefer Halilović Bosnian Muslim For massacres in the villages of Grabovica and Uzdol, Bosnia Acquitted on all charges and released.
Ramush Haradinaj Albanian, prime minister of Kosovo Indicted for action while regional commander of the Kosovo Liberation Army  
Janko Janjić      
Nikica Janjić      
Gojko Janković, Bosnian Serb   Case transferred to Bosnia and Herzegovina
Goran Jelisić, Serb   Sentenced to 40 years
Dragan Jokić Bosnian Serb Involvement in Srebrenica massacre Sentenced to 9 years
Miodrag Jokić Serb, admiral in Yugoslav navy For the bombing of Dubrovnik Sentenced to 7 years
Drago Josipović Croat, soldier For the massacres in Ahmići-Šantići in the Lasva Valley Convicted of murder and persecution, sentenced to 12 years
Radovan Karadžić Bosnian Serb, former President of Republika Srpska Genocide, Crimes against humanity, Violations of the laws or customs of war & Grave breaches of the Geneva conventions of 1949 At large (as of May, 2006), no clues to his whearabouts
Marinko Katava     Indictment withdrawn
Duško Knežević Serb Indicted in Omarska Camp case Case transferred to Bosnia and Herzegovina
Dragan Kolundžija     Sentenced to 3 years, granted early release
Dragan Kondić      
Dario Kordić Croat For offensives in the Lašva Valley, Bosnia Sentenced to 25 years
Milojica Kos     Sentenced to 6 years, granted early release
Predag Kostić     Indictment withdrawn
Radomir Kovač Serb   Sentenced to 20 years
Milan Kovačević Bosnian Serb Prijedor case Died in custody before trial concluded
Vladimir Kovačević Montenegrin Serb, Yugoslav army commander siege of Dubrovnik Currently unfit to stand trial
Momčilo Krajišnik Bosnian Serb, prime minister of Republika Srpska Indicted with genocide, crimes against humanity Awaiting trial, arrested in April 2000
Milorad Krnojelac Bosnian Serb, Bosnian Serb prison commander For the Foca prison camp Sentenced to 15 years
Radislav Krstić Bosnian Serb, Bosnian Serb Army general Genocide, Crimes against humanity & Violations of the laws or customs of war Sentenced to 35 years (Originally 46 years)
Amir Kubura     Sentenced to 2 ½ years
Dragoljub Kunarac Serb   Sentence to 28 years
Mirjan Kupreškić     Acquitted by the Appeals Chamber
Vlatko Kupreškić     Acquitted by the Appeals Chamber
Zoran Kupreškić     Acquitted by the Appeals Chamber
Miroslav Kvočka     Sentenced to 7 years
Goran Lajić      
Esad Landžo Bosniak   Sentenced to 15 years
Vladimir Lazarević Serb, Army general    
Fatmir Limaj Albanian   Acquitted by the Trial Chamber
Milan Lukić Bosnian Serb, allegedly commander of a paramilitary group called "Avengers" or "White Eagles" Indicted for killing of up to 100 Muslims in vicinity of Višegrad Lately extradited from Argentina
Sredoje Lukić Bosnian Serb, member of "Avengers" Indicted for killing of up to 100 Muslims in vicinity of Višegrad  
Sreten Lukić Serb, Serbian police general    
Paško Ljubičić      
Gruban Malić Serbian fictional character Indicted for forced sexual intercourse, violation of the laws or customs of war and crime against humanity Charges dropped
Zoran Marinić      
Mladen Markač Croatian Colonel General   Awaiting trial
Milan Martić Serb, prime minister of Republika Srpska Krajina Attacks on Zagreb Voluntary surrender in May 2002
Vinko Martinović     Sentenced to 20 years
Željko Meakić Bosnian Serb Indicted in Omarska Camp case Case transferred to Bosnia and Herzegovina
Radivoj Miletić Bosnian Serb Indicted for Srebrenica  
Slobodan Miljković     Died before arrest
Dragomir Milošević, Bosnian Serb Indicted for command of siege of Sarajevo  
Slobodan Milošević Serb, president of Serbia, president of Yugoslavia Indicted for incidents while in authority during Kosovo War Found dead in jail cell on March 11 2006
Milan Milutinović Serb President of Serbia Indicted for incidents while in authority during Kosovo War  
Ratko Mladić Bosnian Serb, Bosnian Serb Army commander of the main staff Genocide, complicity in genocide, crimes against humanity, and violations of the laws and customs/war At large (as of May, 2006), believed to be hiding in Serbia
Darko Mrđa Bosnian Serb, Bosnian Serb police unit commander   Sentenced to 17 years
Mile Mrkšić Croatian Serb, Yugoslav Army colonel, Later Republika Srpska Krajina Army commander Indictment in relation to Vukovar
Zdravko Mucić     Sentenced to 9 years, granted early release
Agim Murtezi Kosovo Albanian   Indictment withdrawn
Isak Musliu Kosovo Albanian, Kosovo Liberation Army commander   Acquitted by the Trial Chamber
Mladen "Tuta" Naletilić Bosnian Croat, Bosnian Croat paramilitary   Sentenced to 18 years
Dragan Nikolić Serb, Bosnian Serb prison commander Indicted in the Sušica camp case Sentenced to 20 years
Drago Nikolić Bosnian Serb, Bosnian Serb Army officer Indicted in the Srebrenica case  
Momir Nikolić      
Mirko Norac Croat, General of   Case transferred to Croatia
Dragan Obrenović Bosnian Serb, Bosnian Serb Army lieuttenant colonel   Sentenced to 17 years
Dragoljub Ojdanić Serb, Yugoslav Army chief of staff Indicted for incidents while in authority during Kosovo War  
Naser Orić Bosniak, Bosnian Army commander of Srebrenica Murder and wanton destruction on the basis of command responsibility; Split verdict. Sentenced to two years. Relased after credit for time served.
Vinko Pandurević Bosnian Serb, Bosnian Serb Army general Indicted in the Srebrenica case  
Dragan Papić     Acquitted by the Trial Chamber
Nedeljko Paspalj     Indictment withdrawn
Nebojša Pavković Serb, former Yugoslav Army chief of staff Indicted for incidents while in authority during Kosovo War  
Milan Pavlić     Indictment withdrawn
Momčilo Perišić      
Milivoj Petković      
Biljana Plavšić Bosnian Serb, former president of Republika Srpska   Pleaded guilty, sentenced to 11 years
Milutin Popović     Indictment withdrawn
Vujadin Popović Bosnian Serb, Bosnian Serb Army lieutenant colonel Indicted in the Srebrenica case  
Slobodan Praljak      
Draženko Predojević     Indictment withdrawn
Jadranko Prlić Croatian leader of Herceg-Bosna    
Dragoljub Prcač Bosnian Serb Indicted for Keraterm and Omarska case Sentenced to 5 years
Berislav Pućić      
Miroslav Radić Serb, Yugoslav Army captain  
Mlađo Radić Serb   Sentenced to 20 years
Ivica Rajić      
Mitar Rašević Serb   Case transferred to Bosnia and Herzegovina
Željko Ražnatović "Arkan" Serb   Killed before the trial
Željko Savić     Indictment withdrawn
Duško Sikirica Bosnian Serb, Bosnian Serb prison commander   Sentenced to 15 years
Franko Simatović Serb, high officer of Serbian State Security Service    
Blagoje Simić     Sentenced to 17 years
Milan Simić Serb   Sentenced to 5 years, granted early release
Pero Skopljak     Indictment withdrawn
Milomir Stakić Former mayor of Prijedor in northern Bosnia Responsibility for detention camps around Prijedor Sentenced to life imprisonment, but cut to 40 years on appeal [link]
Jovica Stanišić Serb, former chief of Serbian State Security Service    
Mićo Stanišić Bosnian Serb, former Bosnian Serb interior minister Crimes against humanity and Violations of the laws or customs of war  
Radovan Stanković Serb   Case transferred to Bosnia and Herzegovina
Vlajko Stoiljković Serb, former Serbian interior minister Indicted with Slobodan Milošević Committed suicide before trial
Bruno Stoljić      
Pavle Strugar Montenegrin, Yugoslav Army general Command authority in bombing of Dubrovnik Sentenced to 8 years
Nikola Šainović Serb, former deputy prime minister of Yugoslavia Indicted for incidents while in authority during Kosovo War  
Ivan Šantić     Indictment withdrawn
Vladimir Šantić, Bosnian Croat   Sentenced to 18 years
Dragomir Šaponja      
Vojislav Šešelj Serb, President of the Serbian Radical Party (SRS)    
Veselin Šljivančanin Montenegrin, Yugoslav army battalion commander Related to Vukovar  
Duško Tadić Bosnian Serb, Serbian Democratic Party leader in Kozarac and member of paramilitary force   Sentenced to 20 years
Miroslav Tadić Bosnian Serb, chairman of Bosanki Samac 'Exchange commission'   Sentenced to 8 years in the Bosanski Šamac case, granted early release
Momir Talić Bosnian Serb, general of 1st Krajina Corps Genocide in the Krajina case Died, while on parole, before case was concluded
Johan Tarčulovski Macedonian, Macedonian police officer Ljuboten attack  
Nedjeljko Timarac      
Stevan Todorović Bosnian Serb, Bosnian Serb police head for the municipalty of Bosanki Samac   Sentenced to 10 years, granted early release
Savo Todović Bosnian Serb, Bosnian Serb prison commander   Case transferred to Bosnia and Herzegovina
Zdravko Tolimir Bosnian Serb, Bosnian Serb Army assistant commander Crimes against humanity and Violations of the laws or customs of war

At large (as of May, 2006), believed to be hiding in Serbia
Milorad Trbić Serb    
Mitar Vasiljević Bosnian Serb, Bosnian Serb paramilitary Murder and crimes against humanity in the Drina River incident at Visegrad Sentenced to 20 years
Zoran Vuković Bosnian Serb, Bosnian Serb Army soldier Rape and torture at Foca Sentenced to 12 years
Simo Zarić Bosnian Serb, former major of Šamac Crimes against humanity Sentenced to 6 years, granted early release
Milan Zec      
Dragan Zelenović Bosnian Serb, police officer Rape and torture at a prison camp in Foca  
Zoran Žigić Bosnian Serb Crimes in the Prijedor region Sentenced to 25 years
Stojan Župljanin     At large (as of May, 2006), believed to be hiding in Serbia

As of March 16, 2006, the ICTY had indicted 161 persons. Only six of these remained "at large". The cases against 85 of the indicted had been concluded: 43 were found guilty, 8 acquitted, 25 had their indictments withdrawn, and six had died - 3 of these in custody, 3 while on parole. Four cases had been sent to national courts for trial. 15 of those convicted had completed their sentences and been released by March 2006.[link]

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.[link] Other "high level" indictees included Milan Babić, Croatian Serb prime minister of Republika Srpska Krajina; Ramush Haradinaj, Albanian prime minister of Kosovo; Radovan Karadžić, Montenegrin former President of Republika Srpska; and Ratko Mladić, Bosnian Serb army commander.

Detention Facilities

Those defendants on trial and those who were denied a provisional release are detained at a prison facility in Scheveningen, located some 4 km from the courthouse. There are 4 floors of 12 cells each. The indicted are housed in private cells which have a toilet, shower, radio, satelite 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.

External links

See also


> >
International criminal law
Sources of law:
Charter of the IMT - Crime against international law - Crime against humanity - Crime against peace
Crime of apartheid - Crime of genocide - Customary law - Laws of war - Nuremberg Principles
Peremptory norm - Statute of the ICC - Universal jurisdiction - War crime - War of aggression
Courts:
War responsibility trials in Finland - International Military Tribunal for Europe
International Military Tribunal for the Far East - Khabarovsk War Crime Trials
Tribunal for the former Yugoslavia - Tribunal for Rwanda - Tribunal for Sierra Leone
International Criminal Court
History:
List of war crimes

 


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