View source for International Criminal Tribunal for the former Yugoslavia

{{Infobox high court
|court_name = International Criminal Tribunal<br />for the former Yugoslavia
|image = ICTY.JPG
|imagesize = 250px
|caption =The Tribunal building in The Hague
|established = 25 May 1993
|country = former [[SFRY|Yugoslavia]]
|location = The Hague, the Netherlands
|coordinates= {{Coord|52.0679|4.3535|display=inline,title}}
|type = <!-- partisan election/non-partisan election/legislative selection/executive selection/cooption/etc -->
|authority = [[United Nations Security Council Resolution 827]]
|appeals = <!-- appeals of from this court go where -->
|terms = Four years
|positions = 16 permanent<br>12 [[ad litem]]
|website = http://www.icty.org/
|chiefjudgetitle = President
|chiefjudgename = [[Theodor Meron]] ([[United States]])
|termstart = 17 November 2011
}}
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 established to prosecute serious crimes committed during the [[Yugoslav Wars|wars in the former Yugoslavia]], and to try their perpetrators. The tribunal is an ad hoc court which is located in The Hague, the Netherlands.
The Court was established by [[United Nations Security Council Resolution 827|Resolution 827]] of the [[United Nations Security Council]], which was passed on 25 May 1993. It has jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the [[Geneva Conventions]], violations of the [[laws and customs of war]], genocide, and crimes against humanity. The maximum sentence it can impose is life imprisonment. Various countries have signed agreements with the UN to carry out custodial sentences.

The final indictments were issued in December 2004, the last of which were confirmed and unsealed in the spring of 2005.<ref name="OTP history">{{cite web |url=http://www.icty.org/sid/95|title= History of the office of the prosecutor}}</ref> The Tribunal aims to complete all trials by the end of 2012 and all appeals by 2015,<ref name="ICTY Completion Strategy Report">{{cite web |url=http://www.icty.org/x/file/About/Reports%20and%20Publications/CompletionStrategy/completion_strategy_18may2011_en.pdf |title=ICTY Completion Strategy Report 18 May 2011}}</ref> with the exception of [[Radovan Karadžić]] whose trial is expected to end in 2014<ref name="ICTY Completion Strategy Report"/> and recently arrested [[Ratko Mladić]] and [[Goran Hadžić]].

The United Nations Security Council called upon the Tribunal to finish its work by 31 December 2014 to prepare for its closure and transfer of its responsibilities to the [[International Residual Mechanism for Criminal Tribunals]] which will begin functioning for the ICTY branch on 1 July 2013. The Tribunal will conduct and complete all outstanding first instance trials, including those of [[Radovan Karadžić]], [[Ratko Mladić]] and [[Goran Hadžić]]. It will conduct and complete all appeal proceedings for which the notice of appeal against the judgement or sentence is filed before 1 July 2013. Any appeals for which notice is filed after that date will be handled by the Residual Mechanism.<ref name="UNSC Resolution 1966">{{cite web |url=http://www.icty.org/x/file/About/Reports%20and%20Publications/ResidualMechanism/101222_sc_res1966_residualmechanism_en.pdf |title=UNSC Resolution 1966}}</ref>  Hadžić became the last of 161 indicted fugitives to be arrested after Serbian President [[Boris Tadić]] announced his arrest on 20 July 2011.<ref name="aljaz">[http://english.aljazeera.net/news/europe/2011/07/201172074249705610.html Serbia's last war crimes fugitive arrested] Al Jazeera, 20 July 2011</ref>

==History==
===Creation===
Of the total number of judgments issued by the International Criminal Tribunal for the former Yugoslavia, 96.80% was issued to the Serbs.
[[File:UN Secretary-General Report S25704.pdf|thumb|right|Report S/25704 of the UN Secretary-General, including the proposed Statute of the International Tribunal, approved by [[United Nations Security Council Resolution 827|UN Security Council Resolution 827]].]]
[[United Nations Security Council]] [[United Nations Security Council Resolution 808|Resolution 808]] of 22 February 1993 decided that "an international tribunal shall be established for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991" and calling on the Secretary-General to "submit for consideration by the Council … a report on all aspects of this matter, including specific proposals and where appropriate options … taking into account suggestions put forward in this regard by Member States".

The Court was originally proposed by German Foreign Minister [[Klaus Kinkel]].<ref>Hazan, Pierre. 2004. Justice in a Time of War: The True Story Behind the International Criminal Tribunal for the Former Yugoslavia. College Station: Texas A & M University Press</ref> By 25 May 1993, the international community had tried to pressure the leaders of the former Yugoslavian republics diplomatically, militarily, politically, economically, and – with Resolution 827 – through juridical means. [[United Nations Security Council Resolution 827|Resolution 827]] of 25 May 1993 approved report [http://www.icty.org/x/file/Legal%20Library/Statute/statute_re808_1993_en.pdf S/25704] of the Secretary-General and adopted the Statute of the International Tribunal annexed to it, formally creating the ICTY. It would have jurisdiction over four clusters of crime committed on the territory of the former Yugoslavia since 1991: grave breaches of the [[Geneva Conventions]], violations of the [[laws and customs of war]], genocide, and crime against humanity. The maximum sentence it can impose is life imprisonment.

===Implementation===
In 1993, the ICTY built its internal infrastructure.

17 states have signed an agreement with the ICTY to carry out custodial sentences<ref name="Enforcement of Sentences">{{cite web |url=http://www.icty.org/sid/10276|title=Enforcement of Sentences}}</ref>

1993-1994: In the first year of its existence, the Tribunal laid the foundations for its existence as a judicial organ. The Tribunal established the legal framework for its operations by adopting the rules of procedure and evidence, as well as its rules of detention and directive for the assignment of defense counsel. Together these rules established a legal aid system for the Tribunal. As the ICTY is part of the United Nations and as it was the first ''international'' court for ''criminal'' justice, the development of a juridical infrastructure was considered quite a challenge. However after the first year the first ICTY judges had drafted and adopted all the rules for court proceedings.

1994-1995: The ICTY established its offices within the Aegon Insurance Building in The Hague (which was, at the time, still partially in use by Aegon)<ref>{{cite journal|last=Vohrah|first=L.C.|title=Some Insights into the Early Years|journal=Journal of International Criminal Justice|year=2004|volume=2|page=388}}</ref>  and detention facilities in Scheveningen in The Hague (The Netherlands). The ICTY hired now many staff members. By July 1994 there were sufficient staff members in the office of the prosecutor to begin field investigations and by November 1994 the first indictment was presented and confirmed. In 1995, the entire staff numbered more than 200 persons and came from all over the world. Moreover, some governments assigned their legally trained people to the ICTY.

===Operation===
In 1994 the first indictment was issued against the Bosnian-Serb concentration camp commander Dragan Nikolić. This was followed on 13 February 1995 by two indictments comprising 21 individuals which were issued against a group of 21 Bosnian-Serbs charged with committing atrocities against Muslim and Croat civilian prisoners . While the war in the former Yugoslavia was still raging, the ICTY prosecutors showed that an international court was viable. However, no accused was arrested.<ref>Pronk, E.: "The ICTY and the people from the former Yugoslavia. A reserved relationship."</ref>

The court confirmed 8 indictments against 46 individuals and issued arrest warrants. Duško Tadic´ became the subject of the Tribunal's first trial. The Bosnian-Serb Duško Tadić was arrested by German police in Munich in 1994 for his alleged actions in the Prijedor region in Bosnia-Herzegovina (especially his actions in the Omarska, Trnopolje and Keraterm detention camps). Tadic´ made his initial appearance before the ICTY Trial Chamber on 26 April 1995 and pleaded not guilty to all of the charges in the indictment.

1995-1996: Between June 1995 and June 1996, 10 public indictments had been confirmed against a total of 33 individuals. Six of the newly indicted persons were transferred in the Tribunal's detention unit. In addition to Duško Tadic, by June 1996 the tribunal had Tihofil Blaškic, Dražen Erdemovic, Zejnil Delalic, Zdravko Mucic, Esad Landžo and Hazim Delic in custody. The accused Erdemovic became the first person to enter a guilty plea before the tribunal's court. Between 1995 and 1996, the ICTY also dealt with miscellaneous cases involving several detainees - Djukic, Krsmanovic, Kremenovic, Lajic - which never reached the trial stage. Some of the accused had been arrested and others surrendered to the ICTY. However, most of the new states that came out of Yugoslavia - most notably Serbia and the Serbian entity in Bosnia-Herzegovina - refused to cooperate with the international tribunal.

===Accomplishments===
In 2004, the ICTY published a list of five successes which it claimed it had accomplished:<ref>{{cite web|url=http://www.icty.org/x/file/Outreach/view_from_hague/jit_accomplishments_en.pdf |title='The Tribunal's Accomplishments in Justice and Law' |format=PDF |date= |accessdate=30 November 2011}}</ref><ref>{{cite web|url=http://www.un.org/icty/glance-e/index.htm |title=ICTY at a glance |publisher=Un.org |date=5 March 2007 |accessdate=30 November 2011}}</ref>

# "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;
# "Establishing the facts", highlighting the extensive evidence-gathering and lengthy findings of fact that Tribunal judgments produced;
# "Bringing to justice thousands of victims and giving them a voice", pointing out the large number of witnesses that had been brought before the Tribunal;
# "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;
# "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.

==Organisation==
The Tribunal employs around 900 staff.<ref name="Employment section of ICTY website">{{cite web |url=http://www.icty.org/sid/106|title= Employment section of ICTY website}}</ref> Its organisational components are Chambers, Registry and the Office of the Prosecutor (OTP).

[[File:ICTY 2006-01-16.jpg|thumb|Lateral view of the building.]]

===Prosecutors===
The Prosecutor is responsible for investigating crimes, gathering evidence and prosecutions and is head of the Office of the Prosecutor (OTP).<ref>Statute of the International Tribunal, Annex of Report S/25704 of the UN Secretary-General, Article 16(1)</ref> The Prosecutor is appointed by the UN Security Council upon nomination by the UN Secretary-General.<ref>Statute of the International Tribunal, Annex of Report S/25704 of the UN Secretary-General, Article 16(4)</ref>

*The first Chief Prosecutor at the ICTY was Ramon Escovar Salom who served at the court from 1993-1994. 
*He was succeeded by South African jurist, Richard Goldstone who became Chief Prosecutor from 1994-1996.  
*Louise Arbour was then appointed as the third Chief Prosecutor from 1996-1999. 
*Carla Del Ponte then became Chief Prosecutor from 1999-2007.<ref name="The Judges' section of ICTY website">{{cite web |url=http://www.icty.org/sid/101|title= The former Prosecutors’ section of ICTY website}}</ref>

The current prosecutor is [[Serge Brammertz]]. Previous Prosecutors have been [[Ramón Escovar Salom]] of Venezuela (1993–1994), [[Richard Goldstone]] of South Africa (1994–1996), [[Louise Arbour]] of Canada (1996–1999), Eric Östberg of Sweden, 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. [[David Tolbert]], the President of the [[International Center for Transitional Justice]], was also appointed Deputy Prosecutor of the ICTY.

===Chambers===
Chambers encompasses the judges and their aides. The Tribunal operates three Trial Chambers and one Appeals Chamber. The President of the Tribunal is also the presiding Judge of the Appeals Chamber.

====Judges====
There are 19 permanent judges and three ''[[ad litem]]'' judges who serve on the Tribunal.<ref>{{Cite web |url=http://www.icty.org/sid/151 |title=The Judges |publisher=International Criminal Tribunal for the former Yugoslavia |accessdate=2013-11-08}}</ref><ref>{{Cite web |url=http://www.icty.org/sid/11410 |title=Judge Niang nominated to the Bench in the Šešelj case |publisher=ICTY |date=2013-10-31 |accessdate=2013-11-08}}</ref>

UN member and observer states can each submit up to two nominees of different nationalities to the UN Secretary-General.<ref name="Updated Statute of the ICTY Article">{{cite web |url=http://www.icty.org/x/file/Legal%20Library/Statute/statute_sept09_en.pdf |title=Article 13bis}}</ref> The UN Secretary-General submits this list to the UN Security Council which selects from 28 to 42 nominees and submits these nominees to the UN General Assembly.<ref name="Updated Statute of the ICTY Article"/> The UN General Assembly then elects 14 judges from that list.<ref name="Updated Statute of the ICTY Article"/> Judges serve for 4 years and are eligible for re-election.<ref name="Updated Statute of the ICTY Article"/> The UN Secretary-General appoints replacements in case of vacancy for the remainder of the term of office concerned.<ref name="Updated Statute of the ICTY Article"/>

On 19 October 2011, Judge Theodor Meron (United States) was elected the new President of the ICTY by the permanent judges in a Special Plenary Session. Judge [[Carmel Agius]] (Malta) was elected Vice-President.<ref>[http://www.icty.org/sid/10827 Judge Meron and Judge Agius elected President and Vice-President of the ICTY] from ICTY</ref> His predecessors were [[Antonio Cassese]] of Italy (1993–1997), [[Gabrielle Kirk McDonald]] of the [[United States]] (1997–1999), [[Claude Jorda]] of France (1999–2002), [[Theodor Meron]] of the United States (2002–2005), [[Fausto Pocar]] of Italy (2005–2008) and [[Patrick Lipton Robinson|Patrick Robinson]] of Jamaica (2008-2011).
{| class="wikitable sortable"
|-
! Name
! State
! Position(s)
! Term began
! Term ended
|-
| {{Sortname|Georges|Abi-Saab}}
| {{Flag|Egypt}}
| Permanent
| {{Dts|17 November 1993}}
| {{Dts|1 October 1995}}
|-
| {{Sortname|Antonio|Cassese}}
| {{Flag|Italy}}
| Permanent&nbsp;/ President (former)
| {{Dts|17 November 1993}}
| {{Dts|17 February 2000}}
|-
| {{Sortname|Jules|Deschênes}}
| {{Flag|Canada}}
| Permanent
| {{Dts|17 November 1993}}
| {{Dts|1 May 1997}}
|-
| {{Sortname|Adolphus|Karibi-Whyte}}
| {{Flag|Nigeria}}
| Permanent&nbsp;/ Vice-President (former)
| {{Dts|17 November 1993}}
| {{Dts|16 November 1998}}
|-
| {{Sortname|Germain|Le Foyer De Costil}}
| {{Flag|France}}
| Permanent
| {{Dts|17 November 1993}}
| {{Dts|1 January 1994}}
|-
| [[Li Haopei]]
| {{Flag|China}}
| Permanent
| {{Dts|17 November 1993}}
| {{Dts|6 November 1997}}
|-
| {{Sortname|Gabrielle|McDonald|Gabrielle Kirk McDonald}}
| [[United States of America|United States]]
| Permanent&nbsp;/ President (former)
| {{Dts|17 November 1993}}
| {{Dts|17 November 1999}}
|-
| {{Sortname|Elizabeth|Odio Benito}}
| {{Flag|Costa Rica}}
| Permanent&nbsp;/ Vice-President (former)
| {{Dts|17 November 1993}}
| {{Dts|16 November 1998}}
|-
| {{Sortname|Rustam|Sidhwa|Rustam S. Sidhwa}}
| {{Flag|Pakistan}}
| Permanent
| {{Dts|17 November 1993}}
| {{Dts|15 July 1996}}
|-
| {{Sortname|Ninian|Stephen}}
| {{Flag|Australia}}
| Permanent
| {{Dts|17 November 1993}}
| {{Dts|16 November 1997}}
|-
| {{Sortname|Lal Chand|Vohrah}}
| {{Flag|Malaysia}}
| Permanent
| {{Dts|17 November 1993}}
| {{Dts|16 November 2001}}
|-
| {{Sortname|Claude|Jorda}}
| {{Flag|France}}
| Permanent&nbsp;/ President (former)
| {{Dts|19 January 1994}}
| {{Dts|11 March 2003}}
|-
| {{Sortname|Fouad|Riad}}
| {{Flag|Egypt}}
| Permanent
| {{Dts|4 October 1995}}
| {{Dts|16 November 2001}}
|-
| {{Sortname|Saad Saood|Jan}}
| {{Flag|Pakistan}}
| Permanent
| {{Dts|4 September 1996}}
| {{Dts|16 November 1998}}
|-
| {{Sortname|Mohamed|Shahabuddeen}}
| {{Flag|Guyana}}
| Permanent&nbsp;/ Vice-President (former)
| {{Dts|16 June 1997}}
| {{Dts|10 May 2009}}
|-
| {{Sortname|Richard|May|Richard May (judge)}}
| {{Flag|United Kingdom}}
| Permanent
| {{Dts|17 November 1997}}
| {{Dts|17 March 2004}}
|-
| {{Sortname|Florence|Mumba}}
| {{Flag|Zambia}}
| Permanent&nbsp;/ Vice-President (former)
| {{Dts|17 November 1997}}
| {{Dts|16 November 2005}}
|-
| rowspan="2" | {{Sortname|Rafael|Nieto Navia}}
| rowspan="2" | {{Flag|Colombia}}
| Permanent
| {{Dts|17 November 1997}}
| {{Dts|16 November 2001}}
|-
| ''Ad litem''
| {{Dts|3 December 2001}}
| {{Dts|5 December 2003}}
|-
| {{Sortname|Almiro|Rodrigues}}
| {{Flag|Portugal}}
| Permanent
| {{Dts|17 November 1997}}
| {{Dts|16 November 2001}}
|-
| [[Wang Tieya]]
| {{Flag|China}}
| Permanent
| {{Dts|17 November 1997}}
| {{Dts|31 March 2000}}
|-
| {{Sortname|Patrick|Robinson|Patrick Lipton Robinson}}
| {{Flag|Jamaica}}
| Permanent&nbsp;/ President (former)
| {{Dts|16 October 1998}}
| ''In office''
|-
| {{Sortname|Mohamed|Bennouna}}
| {{Flag|Morocco}}
| Permanent
| {{Dts|16 November 1998}}
| {{Dts|28 February 2001}}
|-
| {{Sortname|David|Hunt|David Hunt (judge)}}
| {{Flag|Australia}}
| Permanent
| {{Dts|16 November 1998}}
| {{Dts|14 November 2003}}
|-
| {{Sortname|Patricia|Wald}}
| [[United States of America|United States]]
| Permanent
| {{Dts|17 November 1999}}
| {{Dts|16 November 2001}}
|-
| [[Liu Daqun]]
| {{Flag|China}}
| Permanent
| {{Dts|3 April 2000}}
| ''In office''
|-
| {{Sortname|Carmel|Agius}}
| {{Flag|Malta}}
| Permanent&nbsp;/ Vice-President (current)
| {{Dts|14 March 2001}}
| ''In office''
|-
| rowspan="2" | {{Sortname|Mohamed|Fassi-Fihri}}
| rowspan="2" | {{Flag|Morocco}}
| rowspan="2" | ''Ad litem''
| {{Dts|14 March 2001}}
| {{Dts|16 November 2001}}
|-
| {{Dts|10 April 2002}}
| {{Dts|1 November 2002}}
|-
| {{Sortname|Theodor|Meron}}
| [[United States of America|United States]]
| Permanent&nbsp;/ President (current)
| {{Dts|14 March 2001}}
| ''In office''
|-
| {{Sortname|Fausto|Pocar}}
| {{Flag|Italy}}
| Permanent&nbsp;/ President (former)
| {{Dts|14 March 2001}}
| ''In office''
|-
| {{Sortname|Mehmet|Güney}} 
| {{Flag|Turkey}}
| Permanent
| {{Dts|11 July 2001}}
| ''In office''
|-
| {{Sortname|Maureen|Clark}}
| {{Flag|Ireland}}
| ''Ad litem''
| {{Dts|6 September 2001}}
| {{Dts|11 March 2003}}
|-
| {{Sortname|Fatoumata|Diarra|Fatoumata Dembélé Diarra}}
| {{Flag|Mali}}
| ''Ad litem''
| {{Dts|6 September 2001}}
| {{Dts|11 March 2003}}
|-
| {{Sortname|Ivana|Janu}}
| {{Flag|Czech Republic}}
| ''Ad litem''
| {{Dts|6 September 2001}}
| {{Dts|11 September 2004}}
|-
| {{Sortname|Amarjeet|Singh}}
| {{Flag|Singapore}}
| ''Ad litem''
| {{Dts|6 September 2001}}
| {{Dts|5 April 2002}}
|-
| {{Sortname|Chikako|Taya}}
| {{Flag|Japan}}
| ''Ad litem''
| {{Dts|6 September 2001}}
| {{Dts|1 September 2004}}
|-
| {{Sortname|Sharon|Williams}}
| {{Flag|Canada}}
| ''Ad litem''
| {{Dts|6 September 2001}}
| {{Dts|17 October 2003}}
|-
| {{Sortname|Asoka|de Zoysa Gunawardana}}
| {{Flag|Sri Lanka}}
| Permanent
| {{Dts|4 October 2001}}
| {{Dts|5 July 2003}}
|-
| {{Sortname|Amin|El Mahdi|Mohammad Amin El Mahdi}}
| {{Flag|Egypt}}
| Permanent
| {{Dts|17 November 2001}}
| {{Dts|16 November 2005}}
|-
| {{Sortname|O-Gon|Kwon}}
| {{Flag|South Korea|name=Korea, South}}
| Permanent
| {{Dts|17 November 2001}}
| ''In office''
|-
| {{Sortname|Alphons|Orie}}
| {{Flag|Kingdom of the Netherlands|name=Netherlands}}
| Permanent
| {{Dts|17 November 2001}}
| ''In office''
|-
| {{Sortname|Wolfgang|Schomburg}}
| {{Flag|Germany}}
| Permanent
| {{Dts|17 November 2001}}
| {{Dts|17 November 2008}}
|-
| {{Sortname|Per-Johan|Lindholm}}
| {{Flag|Finland}}
| ''Ad litem''
| {{Dts|10 April 2002}}
| {{Dts|17 October 2003}}
|-
| {{Sortname|Volodymyr|Vassylenko}}
| {{Flag|Ukraine}}
| ''Ad litem''
| {{Dts|10 April 2002}}
| {{Dts|25 January 2005}}
|-
| {{Sortname|Carmen|Argibay}}
| {{Flag|Argentina}}
| ''Ad litem''
| {{Dts|5 November 2002}}
| {{Dts|18 January 2005}}
|-
| {{Sortname|Joaquín|Martín Canivell}}
| {{Flag|Spain}}
| ''Ad litem''
| {{Dts|2 May 2003}}
| {{Dts|27 September 2006}}
|-
| {{Sortname|Inés|Weinberg de Roca|Inés Mónica Weinberg de Roca}}
| {{Flag|Argentina}}
| Permanent
| {{Dts|17 June 2003}}
| {{Dts|15 August 2005}}
|-
| {{Sortname|Jean-Claude|Antonetti}}
| {{Flag|France}}
| Permanent
| {{Dts|1 October 2003}}
| ''In office''
|-
| {{Sortname|Vonimbolana|Rasoazanany}}
| {{Flag|Madagascar}}
| ''Ad litem''
| {{Dts|17 November 2003}}
| {{Dts|16 March 2006}}
|-
| {{Sortname|Albertus|Swart}}
| {{Flag|Kingdom of the Netherlands|name=Netherlands}}
| ''Ad litem''
| {{Dts|1 December 2003}}
| {{Dts|16 March 2006}}
|-
| {{Sortname|Kevin|Parker|Kevin Parker (judge)}}
| {{Flag|Australia}}
| Permanent&nbsp;/ Vice-President (former)
| {{Dts|8 December 2003}}
| {{Dts|28 February 2011}}
|-
| {{Sortname|Krister|Thelin}}
| {{Flag|Sweden}}
| ''Ad litem''
| {{Dts|15 December 2003}}
| {{Dts|10 July 2008}}
|-
| {{Sortname|Chris|Van Den Wyngaert}}
| {{Flag|Belgium}}
| Permanent
| {{Dts|15 December 2003}}
| {{Dts|31 August 2009}}
|-
| {{Sortname|Iain|Bonomy|Iain Bonomy, Lord Bonomy}}
| {{Flag|United Kingdom}}
| Permanent
| {{Dts|7 June 2004}}
| {{Dts|31 August 2009}}
|-
| {{Sortname|Hans|Brydensholt}}
| {{Flag|Denmark}}
| ''Ad litem''
| {{Dts|21 September 2004}}
| {{Dts|30 June 2006}}
|-
| {{Sortname|Albin|Eser}}
| {{Flag|Germany}}
| ''Ad litem''
| {{Dts|21 September 2004}}
| {{Dts|30 June 2006}}
|-
| {{Sortname|Claude|Hanoteau}}
| {{Flag|France}}
| ''Ad litem''
| {{Dts|25 January 2005}}
| {{Dts|27 September 2006}}
|-
| {{Sortname|György|Szénási}}
| {{Flag|Hungary}}
| ''Ad litem''
| {{Dts|25 January 2005}}
| {{Dts|30 May 2005}}
|-
| {{Sortname|Andrésia|Vaz}}
| {{Flag|Senegal}}
| Permanent
| {{Dts|15 August 2005}}
| {{Dts|31 May 2013}}
|-
| {{Sortname|Bakone|Moloto|Bakone Justice Moloto}}
| {{Flag|South Africa}}
| Permanent
| {{Dts|17 November 2005}}
| ''In office''
|-
| {{Sortname|Frank|Höpfel}}
| {{Flag|Austria}}
| ''Ad litem''
| {{Dts|2 December 2005}}
| {{Dts|3 April 2008}}
|-
| {{Sortname|Janet|Nosworthy}}
| {{Flag|Jamaica}}
| ''Ad litem''
| {{Dts|2 December 2005}}
| {{Dts|26 February 2009}}
|-
| {{Sortname|Árpád|Prandler}}
| {{Flag|Hungary}}
| ''Ad litem''
| {{Dts|7 April 2006}}
| {{Dts|7 June 2013}}
|-
| {{Sortname|Stefan|Trechsel}}
| {{Flag|Switzerland}}
| ''Ad litem''
| {{Dts|7 April 2006}}
| {{Dts|7 June 2013}}
|-
| {{Sortname|Antoine|Mindua}}
| {{Flag|Democratic Republic of the Congo|name=Congo, Democratic Republic of the}}
| ''Ad litem''
| {{Dts|25 April 2006}}
| ''In office''
|-
| {{Sortname|Ali Nawaz|Chowhan}}
| {{Flag|Pakistan}}
| ''Ad litem''
| {{Dts|26 June 2006}}
| {{Dts|26 February 2009}}
|-
| {{Sortname|Tsvetana|Kamenova}}
| {{Flag|Bulgaria}}
| ''Ad litem''
| {{Dts|26 June 2006}}
| {{Dts|26 February 2009}}
|-
| {{Sortname|Kimberly|Prost}}
| {{Flag|Canada}}
| ''Ad litem''
| {{Dts|3 July 2006}}
| {{Dts|31 March 2010}}
|-
| {{Sortname|Ole|Støle|Ole Bjørn Støle}}
| {{Flag|Norway}}
| ''Ad litem''
| {{Dts|13 July 2006}}
| {{Dts|10 June 2010}}
|-
| {{Sortname|Frederik|Harhoff}}
| {{Flag|Denmark}}
| ''Ad litem''
| {{Dts|9 January 2007}}
| {{Dts|28 August 2013}}
|-
| {{Sortname|Flavia|Lattanzi}}
| {{Flag|Italy}}
| ''Ad litem''
| {{Dts|2 July 2007}}
| ''In office''
|-
| {{Sortname|Pedro|David}}
| {{Flag|Argentina}}
| ''Ad litem''
| {{Dts|27 February 2008}}
| {{Dts|13 September 2011}}
|-
| {{Sortname|Elizabeth|Gwaunza}}
| {{Flag|Zimbabwe}}
| ''Ad litem''
| {{Dts|3 March 2008}}
| {{Dts|8 June 2013}}
|-
| {{Sortname|Michèle|Picard}}
| {{Flag|France}}
| ''Ad litem''
| {{Dts|3 March 2008}}
| {{Dts|8 June 2013}}
|-
| {{Sortname|Uldis|Kinis}}
| {{Flag|Latvia}}
| ''Ad litem''
| {{Dts|10 March 2008}}
| {{Dts|18 April 2011}}
|-
| {{Sortname|Christoph|Flügge}}
| {{Flag|Germany}}
| Permanent
| {{Dts|18 November 2008}}
| ''In office''
|-
| {{Sortname|Melville|Baird}}
| {{Flag|Trinidad and Tobago}}
| ''Ad litem''
| {{Dts|15 December 2008}}
| ''In office''
|-
| {{Sortname|Burton|Hall|Burton P. C. Hall}}
| {{Flag|Bahamas|name=Bahamas, The}}
| Permanent
| {{Dts|7 August 2009}}
| ''In office''
|-
| {{Sortname|Howard|Morrison|Howard Morrison (lawyer)}}
| {{Flag|United Kingdom}}
| Permanent
| {{Dts|31 August 2009}}
| ''In office''
|-
| {{Sortname|Guy|Delvoie}}
| {{Flag|Belgium}}
| Permanent
| {{Dts|1 September 2009}}
| ''In office''
|-
| {{Sortname|Prisca|Nyambe}}
| {{Flag|Zambia}}
| ''Ad litem''
| {{Dts|1 December 2009}}
| {{Dts|18 December 2012}}
|-
| {{Sortname|Arlette|Ramaroson}}
| {{Flag|Madagascar}}
| Permanent
| {{Dts|19 October 2011}}
| ''In office''
|-
| {{Sortname|Khalida|Khan}}
| {{Flag|Pakistan}}
| Permanent
| {{Dts|6 March 2012}}
| ''In office''
|-
| {{Sortname|Bakhtiyar|Tuzmukhamedov}}
| {{Flag|Russia}}
| Permanent
| {{Dts|1 June 2012}}
| ''In office''
|-
| {{Sortname|William|Sekule}}
| {{Flag|Tanzania}}
| Permanent
| {{Dts|18 March 2013}}
| ''In office''
|-
| {{Sortname|Mandiaye|Niang}}
| {{Flag|Senegal}}
| Permanent
| {{Dts|30 October 2013}}
| ''In office''
|}

===Registry===
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 John Hocking of Australia (since May 2009). His predecessors were [[Hans Holthuis]] of the Netherlands (2001–2009), [[Dorothée de Sampayo Garrido-Nijgh]] of the Netherlands (1995–2000), and [[Theo van Boven]] of the Netherlands (February 1994 to December 1994).

===Detention facilities===
[[File:ICTY Detention Unit cell.jpg|thumb|A typical 10 m<sup>2</sup><ref>{{cite news| url=http://www.bbc.co.uk/news/world-europe-18084974 | work=BBC News | title=Profile: Scheveningen prison | date=16 May 2012}}</ref> single cell at the ICTY detention facilities]]
Those defendants on trial and those who were denied a provisional release are detained at the United Nations Detention Unit on the premises of the [[Belgisch Park|Penitentiary Institution Haaglanden, location Scheveningen]], located some 3&nbsp;km by road from the courthouse.

The indicted are housed in private cells which have a toilet, shower, radio, satellite TV, personal computer (without Internet access) and other comforts. They are allowed to phone family and friends daily and can have conjugal visits. There is also a library, a gym and various rooms used for religious observances. The inmates are allowed to cook for themselves. All of the inmates mix freely and are not segregated on the basis of nationality; Serbian and Bosnian Muslim detainees now reportedly share friendly chess and backgammon games and watch film screenings. As the cells are more akin to a university residence instead of a jail, some have derisively referred to the ICT as the “Hague Hilton”.<ref>{{cite news| url=http://www.timesonline.co.uk/tol/news/world/europe/article6891319.ece | work=The Times | location=London | title=Radovan Karadzic cell life | first=Judith | last=Evans | date=26 October 2009 | accessdate=5 May 2010}}</ref>

The reason for this luxury relative to other prisons is that the first president of the court wanted to emphasise that the indictees are innocent until proven guilty.<ref>{{cite news| url=http://news.bbc.co.uk/2/hi/europe/4801626.stm | work=BBC News | title=Milosevic jail under scrutiny | date=13 March 2006 | accessdate=5 May 2010 | first=Chris | last=Stephen}}</ref>

==Indictees==
{{Main|List of people indicted in the International Criminal Tribunal for the former Yugoslavia}}

The very first hearing at the ICTY was referral request in the Tadić case on 8 November 1994. {{As of|February 2013}}, the Tribunal has indicted 161 individuals, and has already completed proceedings with regard to 97 of them: 17 have been acquitted, 67 sentenced, 13 have had their cases transferred to courts in Bosnia and Herzegovina (10), Croatia (2) and Serbia (1). Another 36 cases have been terminated either because indictments were withdrawn or because the indictees died before or after transfer to the Tribunal. 48 of the 67 convicted were transferred to 13 different states where they served their prison sentences&mdash;sentences handed out to the rest of the convicted indictees amounted to time spent in detention during trial.<ref name="ICTY website Key Figures">{{cite web |url=http://www.icty.org/x/file/About/Infographics/Infographic_facts_figures_en.pdf|format=PDF|title=Infographic: ICTY Facts & Figures|month=January|year=2013|accessdate=1 February 2013|publisher=International Criminal Tribunal for the former Yugoslavia}}</ref> 34 have served their term, and 3 died while serving their sentences.{{citation needed|date=November 2014}}

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.<ref>{{cite web|url=http://www.asil.org/insights/insigh90.htm |title=ASIL.org |publisher=ASIL.org |date= |accessdate=30 November 2011}}</ref> Other "high level" indictees included [[Milan Babić]], former President of the [[Republika Srpska Krajina]]; [[Ramush Haradinaj]], former Prime Minister of Kosovo; [[Radovan Karadžić]], former [[List of Presidents of Republika Srpska|President of the Republika Srpska]]; [[Ratko Mladić]], former Commander of the [[Bosnian Serb Army]] and [[Ante Gotovina]], former General of the [[Croatian Army]].

Haradinaj's trial began at The Hague on 5 March 2007<ref>{{cite news|url=http://www.washingtonpost.com/wp-dyn/content/article/2007/03/01/AR2007030100536.html |title=Washington Post/Associated Press, Ex-Kosovo PM Pleads Innocent at Hague, 1 March 2007 |publisher=Washingtonpost.com |date=1 March 2007 |accessdate=30 November 2011}}</ref> and the closing brief was given on 23 January 2008.<ref>{{cite web|url=http://iwpr.net/?p=tri&s=f&o=342239&apc_state=henhicr |title=Closing Arguments in Haradinaj Trial |publisher=Iwpr.net |date=1 February 1981 |accessdate=30 November 2011}}</ref> The final decision of the ICTY was expected in March 2008. On 3 April 2008, ICTY issued a public notice of the Haradinaj verdict, in which he was acquitted of all charges. The judge said much of the evidence had been non-existent against Haradinaj or at best inconclusive.<ref name="Hague court acquits Kosovo ex-PM">[http://news.bbc.co.uk/2/hi/europe/7328148.stm Hague court acquits Kosovo ex-PM] from BBC News</ref> But he also complained of witness intimidation, saying some witnesses had not testified because they had been afraid.<ref name="Hague court acquits Kosovo ex-PM"/> On 21 July 2010, the cases of UÇK ([[Kosovo Liberation Army]]) commanders [[Ramush Haradinaj]], Idriz Balaj and Lahi Brahimaj were re-opened for trial.<ref>{{cite web|url=http://www.icty.org/action/cases/4 |title=Partial re-trial for Haradinaj, Balaj and Brahimaj |publisher=Icty.org |date= |accessdate=30 November 2011}}</ref> However on 29 November 2012 all three were acquitted of all charges for a second time.<ref name="Haradinaj cleared">{{cite news|title=Kosovo ex-PM Ramush Haradinaj cleared of war crimes|url=http://www.bbc.co.uk/news/world-europe-20536318|accessdate=29 November 2012|publisher=BBC News|date=29 November 2012}}</ref>

{{As of|February 2013}}, there were seven ongoing trials. Five further cases are at the appeals stage&mdash;Đorđević, Perišić, Popović et al, Šainović et al and Tolimir cases.<ref>{{cite web|publisher=International Criminal Tribunal for the former Yugoslavia|url=http://www.icty.org/action/cases/4|title=Cases|accessdate=1 February 2013}}</ref> A further 23 individuals have also been the subject of contempt proceedings.<ref name="ICTY website Contempt Cases">{{cite web |url=http://www.icty.org/action/contemptcases/27|title=ICTY website Contempt Cases}}</ref> Croat Serb General and former President of the [[Republic of Serbian Krajina]] [[Goran Hadžić]] became the last fugitive wanted by the Tribunal to be arrested on 20 July 2011.<ref name="aljaz"/>

==Criticism==
Skeptics argued that an international court could not function while the war in the former Yugoslavia was still going on. This would be a huge undertaking for any court, but for the ICTY it would be an even greater one, as the new tribunal still needed judges, a prosecutor, a registrar, investigative and support staff, an extensive interpretation and translation system, a legal aid structure, premises, equipment, courtrooms, detention facilities, guards and all the related funding.

Criticisms levelled against the court include:
* Moscow has criticised the ICTY has being ineffective, costly and politically motivated, “The tribunal has long discredited itself and Šešelj’s case is just one more proof of that. Even Carla del Ponte admitted that the case against him was politically motivated,”<ref>[http://rt.com/politics/serbia-hague-court-yugoslavia/]</ref> 
* On 6 December 2006, the Tribunal at The Hague approved the use of [[force-feeding]] of Serbian politician [[Vojislav Šešelj]]. They decided it was not "torture, inhuman or degrading treatment if there is a medical necessity to do so...and if the manner in which the detainee is force-fed is not inhuman or degrading".<ref>{{cite news| url=http://www.guardian.co.uk/yugo/article/0,,1966016,00.html | title=War crimes tribunal orders force-feeding of Serbian warlord | date=7 December 2006 | publisher=The Guardian| accessdate =16 September 2007 | location=London | first=Ian | last=Traynor}}</ref>
* Reducing the indictment charges - after the arrest of [[Ratko Mladić]], Croatian officials publicly condemned chief prosecutor [[Serge Brammertz]] for his announcement that the former Bosnian Serb General will be on trial only for crimes committed in Bosnia, but not for those crimes committed in Croatia ([[Škabrnja massacre]], shelling of Zadar, Šibenik, [[Požega]], [[Kijevo, Croatia|Kijevo]] as well as the destruction of the Peruća dam).<ref>{{cite web|url=http://daily.tportal.hr/131532/Kosor-says-will-insist-on-expansion-of-indictment-against-Mladic.html|publisher=Daily Portal|title=Kosor will insist on expansion of indictment against Mladic|date=3 June 2011|accessdate=4 June 2011|archiveurl=https://archive.is/my5O|archivedate=9 July 2012}}</ref><ref>{{cite web|url=http://www.balkaninsight.com/en/article/croatia-crimes-won-t-be-included-in-mladic-indictment|title=Croatia Crimes 'Won't Be Included' in Mladic Indictment|publisher=Balkaninsight|date=2 June 2011|accessdate=4 June 2011}}</ref>
* Critics<ref>{{cite web |title=New Balkan war? Hague convicts Croatian hero, incites designs for ‘Greater Serbia’|url=http://www.worldtribune.com/worldtribune/WTARC/2011/k0463_04_20.asp|author=[[Jeffrey T. Kuhner]] |publisher=World Tribune |date =20 April 2011. |accessdate =20 April 2011}}</ref> have questioned whether the Tribunal exacerbates tensions rather than promotes reconciliation,<ref name="failure of international justice">{{cite web|url=http://eprints.kingston.ac.uk/5511/1/Hoare-M-5511.pdf | title= Genocide in Bosnia and the failure of international justice| date= April 2008 | accessdate=23 March 2011 | author= Marko Attila Hoare | publisher= Kingston University}}</ref> as is claimed by Tribunal supporters. Polls show a generally negative reaction to the Tribunal among the Serb and Croat public.<ref name="failure of international justice"/> The majority of Croats and Serbs doubt the tribunal's integrity and question the tenability of its legal procedures (although the Serbian and Croatian opinions on the court are almost always exactly the opposite with regard to the cases that involve both parties).<ref name="failure of international justice"/>
* Critics, even within the United Nations, have complained of the Tribunal's high cost. The two-year budget for the Tribunal for 2004 and 2005 was US$271,854,600 (currently ${{formatnum:{{Inflation|US|271854600/1000000|2005}}}} million).{{Inflation-fn|US}} The cost is borne by all U.N. members.
* 68% of indictees have been Serbs (or [[Montenegrins (ethnic group)|Montenegrins]]),<ref name="failure of international justice"/> to the extent that a sizeable portion of the Bosnian Serb and Croatian Serbian political and military leaderships have been indicted. Many have seen this as reflecting bias,<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/europe/4222749.stm|title=General jailed for Dubrovnik role |publisher=BBC News |date =31 January 2005 |accessdate =16 June 2011}}</ref> while the Tribunal's defenders have seen this as indicative of the actual proportion of crimes committed. However, [[Marko Attila Hoare]] observed how, apart from Milošević, only [[Momčilo Perišić]] (Chief of the General Staff of the [[Yugoslav Army]]) has been indicted from the Serbian military or political top when it comes to wars in Croatia and Bosnia.<ref name="failure of international justice"/>
* According to Attila Hoare, a former employee at the ICTY, an investigative team worked on indictments of senior members of the ‘joint criminal enterprise’, including not only Milosevic but also [[Veljko Kadijevic]], [[Blagoje Adzic]], [[Borisav Jovic]], [[Branko Kostic]], [[Momir Bulatovic]] and others. However, upon Carla del Ponte’s intervention, these drafts were rejected, and the indictment limited to Milosevic alone, as a result of which most of these individuals were never indicted.<ref>{{cite web|url=http://greatersurbiton.wordpress.com/2008/01/10/florence-hartmanns-peace-and-punishment/|title=Florence Hartmann’s ‘Peace and Punishment’|last=Attila Hoare|first=Marko|date=10 January 2008|publisher=Wordpress.com|accessdate=9 April 2011}}</ref><ref>{{cite web|url=http://www.henryjacksonsociety.org/stories.asp?id=298|title=The Capitulation of the Hague Tribunal|last=Attila Hoare|first=Marko|date=June 2005|publisher=Henry Jackson Society|accessdate=9 April 2011}} {{Dead link|date=November 2014}}</ref>
* Allegations of censorship - in July 2011, the Appeals Chamber of ICTY confirmed the judgment of the Trial Chamber which found journalist and former Tribunal’s OTP spokesperson [[Florence Hartmann]] guilty of contempt of court and fined her €7,000. She disclosed documents of FR Yugoslavia’s Supreme Defense Council meetings and criticized the Tribunal for granting confidentiality of some information in them to protect Serbia’s ‘vital national interests' during [[Bosnian Genocide Case|Bosnia's lawsuit against the country for genocide]] in front of the International Court of Justice. Hartmann argued that Serbia was freed of charge of genocide because ICTY redacted some information in the Council meetings. Since these documents have in the meantime been made public by the ICTY itself, a group of organizations and individuals who supported her said that the Tribunal in this appellate proceedings "''imposed a form of censorship aimed to protect the international judges from any form of criticism''".<ref>{{cite news|url=http://www.sense-agency.com/icty/florence-hartmann-case-conviction-and-sentence-upheld-on-appeal.29.html?cat_id=1&news_id=13029|title=FLORENCE HARTMANN CASE: CONVICTION AND SENTENCE UPHELD ON APPEAL|date=19 July 2011|publisher=Sense Agency|accessdate=21 July 2011|location=The Hague}}</ref>
* [[Klaus-Peter Willsch]] compared the [[Ante Gotovina]] verdict, where the late Croatian president [[Franjo Tuđman]] was posthumously found to have been participating in a [[Joint Criminal Enterprise]], with the 897 [[Cadaver Synod]] trial in Rome, when [[Pope Stephen VI]] had the corpse of [[Pope Formosus]] exhumed, put on trial and posthumously found guilty.<ref>{{cite web|url=http://www.faz.net/artikel/C30189/fremde-federn-klaus-peter-willsch-die-leichensynode-von-den-haag-30375259.html|title=Die Leichensynode von Den Haag [The Cadaver Synod at the Hague]|author=Klaus-Peter Willsch|language=German|publisher=[[Frankfurter Allgemeine]]|date=2 June 2011|accessdate=4 June 2011}}</ref>
* Too mild sentences - some circles, even within the Tribunal,<ref>{{cite web|url=http://www.sense-agency.com/icty/ten-years-in-prison-for-miroslav-deronjic.29.html?cat_id=1&news_id=8520|title=Ten years in prison for Miroslav Deronjic|date=30 March 2004|publisher=Sense Agency|accessdate=8 May 2011|location=The Hague|quote=Judge Schomburg however thinks that the punishment is not proportional to the crime and is not within mandate and spirit of this Tribunal. According to him, the crime to which Deronjic pleaded guilty "deserves a sentence of no less than twenty years of imprisonment". In a brief summary of his dissenting opinion that he read after pronouncing the sentence imposed by the majority, Judge Schomburg criticized the prosecution for having limited Deronjic's responsibility in the indictment to "one day and to the village of Glogova." Secondly, Judge Schomburg adds that the "heinous and long-planned crimes committed by a high-ranking perpetrator do not allow for a sentence of only ten years", which in light of his possible early release could mean that the accused would spend only six years and eight months in prison. At the end of his dissenting opinion, Judge Schomburg quoted a statement by one of Deronjic's victims. The victim said that his guilty plea "can heal the wounds" that the Bosniak community in eastern Bosnia still feels - "provided that he is punished adequately". According to the victim, "'''a mild punishment would not serve any purpose'''."}}</ref> complained at small sentences of convicted war criminals in comparison with their crimes. In 2010, [[Veselin Šljivančanin]]'s sentence for his involvement in the [[Vukovar massacre]] was cut from 17 to 10 years, which caused outrage in Croatia. Upon hearing that news, Dr. Vesna Bosanac, in charge of the Vukovar hospital during the fall of the city, said that the "''ICTY is dead''" for her: "''For crimes that he [Šljivančanin], had committed in Vukovar, notably at Ovcara, he should have been jailed for life. I'm outraged...The Hague(-based) tribunal has showed again that it is not just a tribunal''."<ref name="sljivancanin">{{cite web|url=http://www.vancouversun.com/news/Warcrimes+court+cuts+Serb+massacre+sentence/3947423/story.html|title=War crimes court cuts Serb's massacre sentence|last=Dejong|first=Peter|date=8 December 2010|publisher=The Vancouver Sun|accessdate=17 March 2011}}</ref> Danijel Rehak, the head of [[Croatian Association of Prisoners in Serbian Concentration Camps]], said: "''The shock of families whose beloved ones were killed at Ovcara is unimaginable. The court made a crucial mistake by accepting a statement of a JNA officer to whom Sljivancanin was a commander. I cannot understand that''."<ref name="sljivancanin"/> [[Pavle Strugar]]'s 8-year sentence for shelling of Dubrovnik, a UNESCO World Heritage Site, also caused outrage in Croatia.<ref name="outrage">{{cite web|url=http://www.nacional.hr/en/clanak/38490/kevin-parker-the-judge-who-freed-the-villains-of-vukovar|title=Kevin Parker – The judge who freed the villains of Vukovar |last=Jelinić|first=Berislav|date=2 October 2010|publisher=[[Nacional (weekly)]]|accessdate=17 March 2011|archivedate=25 July 2012|deadurl=no|archiveurl=http://www.webcitation.org/69QgcSW2z}}</ref> Judge [[Kevin Parker (judge)|Kevin Horace Parker]] has even been named in a Croatian Journal as the main cause of failure of the system because he dismissed numerous testimonies of witnesses.<ref name="outrage"/>

Some of the defendants, such as [[Slobodan Milošević]], claimed that the Court has no legal authority because it was established by the UN Security Council instead of the UN General Assembly, therefore it had not been created on a broad international basis. The Tribunal was established on the basis of [[Chapter VII of the United Nations Charter]]; the relevant portion of which reads "the Security Council can take measures to maintain or restore international peace and security". The legal criticism has been succinctly stated in a [http://i-p-o.org/yu-tribunal-memo1999.htm Memorandum] issued by Austrian Professor [[Hans Köchler]], which was submitted to the President of the Security Council in 1999. British Conservative Party MEP [[Daniel Hannan]] has called for the court to be abolished, claiming that it is anti-democratic and a violation of national sovereignty.<ref>{{cite news |first=Daniel |last=Hannan |title=He went unsung to his grave |url=http://blogs.telegraph.co.uk/news/danielhannan/3679261/He_went_unsung_to_his_grave/ |publisher=The Daily Telegraph |date=26 February 2007 |accessdate =24 May 2009 |location=London}}</ref>

The interactive [[thematic debate on the role of international criminal justice in reconciliation]] was convened on 10 April 2013 by the President of the General Assembly during the resumed part of the GA's 67th Session.<ref>{{cite web|title=Remarks on the Occasion of the Closing of the Main Part of the Sixty-Seventh Session of the General Assembly|url=http://www.un.org/en/ga/president/67/statements/statements/December/ga_closing21122012.shtml|publisher=http://www.un.org/|accessdate=9 April 2013|quote=I will also convene several other high-level thematic debates in the months to come...our debates during the resumed part of the 67th Session..Another will focus on the Role of International Criminal Justice in Reconciliation.}}</ref> The debate was scheduled after [[Ante Gotovina]] and [[Mladen Markač]] were acquitted in November 2012 for inciting war crimes against Serbs in Croatia.<ref>{{cite news|title=Croatian President Shuns Jeremic's UN Debate|url=http://www.balkaninsight.com/en/article/josipovic-shuns-jeremic-s-un-debate|accessdate=9 April 2013|newspaper=Balkan Investigative Reporting Network|date=29 March 2013|quote=Jeremic scheduled the debate on "The role of international criminal justice in reconciliation“ after the ICTY acquitted two Croatian generals, Ante Gotovina and Mladen Markac, of war crimes during the conflict in Croatia in 1995.}}</ref> The ICTY president [[Theodor Meron]] announced that all three Hague war-crimes courts turned down the invitation of [[UNGA]] president to participate in the debate about their work.<ref>{{cite news|title=ICTY isn’t coming to Vuk Jeremic’s UN General Assembly debate|url=http://croatiabusinessreport.wordpress.com/2013/04/07/icty-isnt-coming-to-vuk-jeremics-un-general-assembly-debate/|accessdate=9 April 2013|newspaper=Croatia Business Report|date=7 April 2013|quote=Not only the ICTY but all three war crimes tribunals turned down Jeremic's invitation, Meron said at a panel on the role of the Hague tribunals in the protection of human rights held at the Brookings Institution in Washington on Thursday.}}</ref> President of the General Assembly described Meron's refusal to participate in this debate as scandalous.<ref>{{cite news|title=Jeremić: Odbijeni pritisci, debate će biti|url=http://www.rtv.rs/sr_lat/politika/jeremic:-odbijeni-pritisci-debate-ce-biti_383578.html|accessdate=9 April 2013|newspaper=RTV Vojvodine|date=7 April 2013|quote=On je kao skandalozno ocenio to što se predsednik Haškog tribunala Teodor Meron nije odazvao pozivu da se pojavi u UN, pod čijim patronatom sud funkcioniše.}}</ref> He emphasized that he does not shy away from criticizing the ICTY which has ''"convicted nobody for inciting crimes committed against Serbs in Croatia."''<ref>{{cite news | url=http://www.nytimes.com/2013/04/17/world/europe/serb-defends-un-meeting-on-criminal-justice.html?_r=0 | title=Serb Defends U.N. Meeting Boycotted by the U.S. | work=New York Times | date=16 April 2013 | accessdate=2013-04-17 | author=Gladstone, Rick | location=New York | quote=has “convicted nobody for inciting crimes committed against Serbs in Croatia.”}}</ref> [[Tomislav Nikolić]], the president of Serbia criticized the work of ICTY emphasizing that it did not contribute but hindered the reconciliation in former Yugoslavia. He reminded that, although there is no significant ethnic disproportion among the number of casualties in the [[Yugoslav wars]], the ICTY sentenced Serbs to 1,150 years in prison while members of other ethnic groups are sentenced to 55 totally for crimes against Serbs.<ref>{{cite journal|title=O Hagu na Ist Riveru|journal=Vreme|date=15 April 2013|url=http://www.vreme.com/cms/view.php?id=1109354|accessdate=29 April 2013}}</ref> [[Vitaly Churkin]], the ambassador of Russia to the UN, also criticized the work of the ICTY, especially acquittals of Gotovina and [[Ramush Haradinaj]]. He emphasized that in this cases the justice has not been satisfied because in this cases nobody was convicted for evident crimes.<ref>{{cite news|title=Čurkin: Negativan primer Haškog tribunala|url=http://www.mondo.rs/s285793/Info/Svet/Curkin-_Negativan_primer_Haskog_tribunala.html|accessdate=29 April 2013|newspaper=Mondo|date=10 April 2013|agency=Tanjug|language=Serbian}}</ref>

===Response to Criticism===
Supporters of the work of the ICTY responded with to critics in various publications. In a response to David Harland's New York Time opinion, entitled "Selective Justice," Jelena Subotic, the assistant professor of political science at Georgia State University and author of “Hijacked Justice: Dealing with the Past in the Balkans, responded that the critics of the Tribunal miss the point, "which is not to deliver justice for past wrongs equally for 'all sides,' fostering reconciliation, but to carefully measure each case on its own merits." She stressed that "We should judge the work of the tribunal by its legal expertise, not by the political outcomes we desire."<ref>New York Times, "UN War Crimes Tribuna", http://www.nytimes.com/2012/12/12/opinion/global/un-war-crimes-tribunal.html?_r=1&</ref>

On the other hand, Dr Marko Hoare explained that the accusations of Tribunal's "selective justice" are stemming from Serb nationalist propaganda. He wrote:

"This is, of course, the claim that hardline Serb nationalists and supporters of Slobodan Milosevic have been making for about the last two decades. Instead of carrying out any research into the actual record of the ICTY in order to support his thesis, Harland simply repeats a string of cliches of the kind that frequently appear in anti-Hague diatribes by Serb nationalists."<ref>David Harland's Attack on the ICTY, Dr. Marko Haore's blog http://greatersurbiton.wordpress.com/2012/12/17/david-harlands-attack-on-the-icty/</ref>

Human Rights activist Ina Vukic, stressed that: "Convictions in criminal courts only deal with justice and reality, or evidence. And the evidence so far assessed in ICTY has reflected the reality that was: Serb aggression – most brutal at that. It is only logical that there will be more Serbs than any other ethnic group represented in convictions dealing with that war."<ref>Insidious Peddling of the Myth of Persecution of Serbs, Ina Vukic blog http://inavukic.com/2012/12/16/insidious-peddling-of-the-myth-of-serb-pers/</ref>

==See also==
* [[Command responsibility]]
* [[Joint Criminal Enterprise]]
* International Criminal Court
* [[International Criminal Tribunal for Rwanda]]
* [[Trial of Gotovina et al]]
* [[Thematic debate on the role of international criminal justice in reconciliation]]

==References==
{{Reflist|30em}}

==Further reading==
{{col-begin}}
{{col-2}}
<div class="references-small">
* Ackerman, J.E. and O'Sullivan, E.: ''Practice and procedure of the International Criminal Tribunal for the Former Yugoslavia: with selected materials for the International Criminal Tribunal for Rwanda'', The Hague, KLI, 2000.
* Aldrich, G.H.: ''Jurisdiction of the International Criminal Tribunal for the Former Yugoslavia'', American Journal of International Law, 1996, pp.&nbsp;64–68h
* Bachmann, Klaus; Sparrow-Botero, Thomas and Lambertz, Peter: ''When justice meets politics. Independence and autonomy of ad hoc international criminal tribunals. Peter Lang International 2013.
* Bassiouni, M.C.: ''The Law of the International Criminal Tribunal of the Former Yugoslavia'', New York, Transnational Publications, 1996.
* Boelaert-Suominen, S.: ''The International Criminal Tribunal for the Former Yugoslavia (ICTY) anno 1999: its place in the international legal system, mandate and most notable jurisprudence'', Polish Yearbook of International Law, 2001, pp.&nbsp;95–155.
* Boelaert-Suominen, S.: ''The International Criminal Tribunal for the Former Yugoslavia and the Kosovo Conflict'', International Review of the Red Cross, 2000, pp.&nbsp;217–251.
* Cassese, Antonio: ''The ICTY: A Living and Vital Reality”, Journal of International Criminal Justice Vol.2'', 2004, No.2, pp.&nbsp;585–597
* Cisse, C.: ''The International Tribunals for the Former Yugoslavia and Rwanda: some elements of comparison'', Transnational Law and Contemporary Problems, 1997, pp.&nbsp;103–118.
* Clark, R.S. and SANN, M.: ''A critical study of the International Criminal Tribunal for the Former Yugoslavia'', European Journal of International Law, 1997, pp.&nbsp;198–200.
* Goldstone, R.J.: ''Assessing the work of the United Nations war crimes tribunals'', Stanford Journal of International Law, 1997, pp.&nbsp;1–8.
* Ivković, S.K.: ''Justice by the International Criminal Tribunal for the Former Yugoslavia'', Stanford Journal of International Law, 2001, pp.&nbsp;255–346.
* Jones, J.W.R.D.: ''The practice of the international criminal tribunals for the Former Yugoslavia and Rwanda'', New York, Transnational, 2000.
* Kaszubinski, M.: ''The International Criminal Tribunal for the Former Yugoslavia'', in: Bassiouni, M.C. (ed.), ''Post-conflict justice'', New York, Transnational, 2002, pp.&nbsp;459–585.
* Kerr, R.: ''International judicial intervention: the International Criminal Tribunal for the Former Yugoslavia'', International Relations, 2000, pp.&nbsp;17–26.
* Kerr, R.: ''The International Criminal Tribunal for the Former Yugoslavia: an exercise in law, politics and diplomacy'', Oxford, OUP, 2004.
* King, F. and La Rosa, A.: ''Current Developments. International Criminal Tribunal for the Former Yugoslavia'', B.T.I.R., 1997, pp.&nbsp;533–555.
* Klip, A. and Sluiter, G.: ''Annotated leading cases of international criminal tribunals; (Vol. III) The International Criminal Tribunal for the Former Yugoslavia 2000-2001'', Schoten, Intersentia, 2003.
* [[Hans Köchler|Köchler, Hans]]: ''Global Justice or Global Revenge? International Criminal Justice at the Crossroads'', Vienna/New York, Springer, 2003, pp.&nbsp;166–184.
* Kolb, R.: ''The jurisprudence of the Yugoslav and Rwandan Criminal Tribunals on their jurisdiction and on international crimes'', British Yearbook of International Law, 2001, pp.&nbsp;259–315.
* Lamb, S.: ''The powers of arrest of the International Criminal Tribunal for the Former Yugoslavia'', British Yearbook of International Law, 2000, pp.&nbsp;165–244.
</div>
{{col-2}}
<div class="references-small">
* Laughland, J.: ''Travesty: The Trial of Slobodan Milošević and the Corruption of International Justice'', London, Pluto Press, 2007.
* Lescure, K.: ''International justice for former Yugoslavia: the working of the International Criminal Tribunal of the Hague'', The Hague, KLI, 1996.
* McDonald, G.K.: ''Reflections on the contributions of the International Criminal Tribunal for the Former Yugoslavia'', Hastings International and Comparative Law Review, 2001, pp.&nbsp;155–172.
* Mettraux, G.: ''Crimes against humanity in the jurisprudence of the International Criminal Tribunal for the Former Yugoslavia and for Rwanda'', ''[[Harvard International Law Journal]]'', 2002, pp.&nbsp;237–316.
* Morris, V. and Scharf, M.P.: ''An insider's guide to the International Criminal Tribunal for the Former Yugoslavia'', African Yearbook of International Law, 1995, pp.&nbsp;441–446.
* Murphy, S.D.: ''Progress and jurisprudence of the International Criminal Tribunal for the Former Yugoslavia'', American Journal of International Law, 1999, pp.&nbsp;57–96.
* Panovsky, D.: ''Some war crimes are not better than others: the failure of the International Criminal Tribunal for the Former Yugoslavia to prosecute war crimes in Macedonia'', Northwestern University Law Review, 2004, pp.&nbsp;623–655.
* Pilouras, S.: ''International Criminal Tribunal for the Former Yugoslavia and Milosevic's trial'', New York Law School Journal of Human Rights, 2002, pp.&nbsp;515–525.
* Pronk, E.: "''The ICTY and the people from the former Yugoslavia. A reserved relationship.''" (thesis)
* Roberts, K.: ''The law of persecution before the International Criminal Tribunal for the Former Yugoslavia'', Leiden Journal of International Law, 2002, pp.&nbsp;623–663.
* Robinson, P.L.: ''Ensuring fair and expeditious trials at the International Criminal Tribunal for the Former Yugoslavia'', European Journal of International Law, 2000, pp.&nbsp;569–589.
* Shenk, M.D.: ''International Criminal Tribunal for the Former Yugoslavia and for Rwanda'', The International Lawyer, 1999, pp.&nbsp;549–554.
* Shraga, D. and Zackalin, R.: ''The International Criminal Tribunal for the Former Yugoslavia'', European Journal of International Law, 1994, pp.&nbsp;360–380.
* Sjocrona, J.M.: ''The International Criminal Tribunal for the Former Yugoslavia: some introductory remarks from a defence point of view'', Leiden Journal of International Law, 1995, pp.&nbsp;463–474.
* Tolbert, David: ''The ICTY: Unforeseen Successes and Foreseeable Shortcomings'', [[The Fletcher Forum of World Affairs]], Vol.26, No.2, Summer/Fall 2002, pp.&nbsp;7–20
* Tolbert, David: ''Reflections on the ICTY Registry'', Journal of International Criminal Justice, Vol.2, No.2, 2004, pp.&nbsp;480–485
* Vierucci, L.: ''The First Steps of the International Criminal Tribunal for the Former Yugoslavia'', European Journal of International Law, 1995, pp.&nbsp;134–143.
* Warbrick, C. and McGoldrick, D.: ''Co-operation with the International Criminal Tribunal for the Former Yugoslavia'', International and Comparative Law Quarterly, 1996, pp.&nbsp;947–953.
* Wilson, Richard Ashby: ‘Judging History: the Historical Record of the International Criminal Tribunal for the Former Yugoslavia.’ Human Rights Quarterly. 2005. August. Vol. 27, No. 3, pp.&nbsp;908–942.
</div>
{{col-2}}
{{col-end}}

==External links==
{{Commons}}
* [http://www.icty.org/ Official website of ICTY]
* [[International Progress Organization]]: [http://i-p-o.org/yu-tribunal.htm Monitoring of the ICTY]
* Del Ponte, Carla (2003). ''[http://eprints.lse.ac.uk/23448/ The role of international criminal prosecutions in reconstructing divided communities]'', public lecture by Carla Del Ponte, Prosecutor, International Criminal Tribunal for the Former Yugoslavia, given at the London School of Economics, 20 October 2003.
* [http://hrw.org/reports/2004/ij/digest.pdf Topical digests of the case law of ICTR and ICTY, Human Rights Watch, 2004]
* [http://www.haguejusticeportal.net/ Hague Justice Portal]: Academic gateway to The Hague organisations concerning international peace, justice and security.
* [http://www.haguejusticeportal.net/eCache/DEF/10/019.html Calendar of court proceedings before the ICTY]: [http://www.haguejusticeportal.net/ Hague Justice Portal]
* [http://www.rsf.org/IMG/pdf/rapport_gb.pdf Why Journalists Should be Worried by the Rwanda Tribunal Precedents (deals also with ICTY) by Thierry Cruvellier for Reporters Without Borders]
* [http://www.sense-agency.com/en/stream.php?kat=20 SENSE News Agency], a special project based in ICTY
* [http://hague.bard.edu/ Complete web-based video archive of the Milosevic trial]
* [http://www.iss.europa.eu/nc/actualites/actualite/article/war-crimes-conditionality-and-eu-integration-in-the-western-balkans/ War Crimes, conditionality and EU integration in the Western Balkans], by Vojin Dimitrijevic, Florence Hartmann, Dejan Jovic, Tija Memisevic, edited by Judy Batt, Jelena Obradović, Chaillot Paper No. 116, June 2009, [[European Union Institute for Security Studies]]
* [http://legal.un.org/avl/ha/icty/icty.html Introductory note] by [[Fausto Pocar]] on the ''Statute of the International Criminal Tribunal for the former Yugoslavia'' in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law]
* [http://legal.un.org/avl/ha/icty/icty.html Procedural history] of the ''Statute of the International Criminal Tribunal for the former Yugoslavia'' in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law]
* [http://legal.un.org/avl/ls/Pocar_CLP.html Lecture] by [[Fausto Pocar]] entitled ''Completing the Mandate: The Legal Challenges Facing the International Criminal Tribunal for the former Yugoslavia'' in the [http://legal.un.org/avl/lectureseries.html Lecture Series of the United Nations Audiovisual Library of International Law]
* [http://legal.un.org/avl/ls/Pocar_LAC.html Lecture] by [[Fausto Pocar]] entitled ''Contribution of the International Criminal Tribunal for the former Yugoslavia to the Development of International Humanitarian Law'' in the [http://legal.un.org/avl/lectureseries.html Lecture Series of the United Nations Audiovisual Library of International Law]
* [http://legal.un.org/avl/ls/Robinson_CLP.html Lecture] by [[Patrick Lipton Robinson]] entitled ''Fairness and Efficiency in the Proceedings of the International Criminal Tribunal for the former Yugoslavia'' in the [http://legal.un.org/avl/lectureseries.html Lecture Series of the United Nations Audiovisual Library of International Law]

{{Wikipedia|International Criminal Tribunal for the former Yugoslavia}}

{{DEFAULTSORT:International Criminal Tribunal For The Former Yugoslavia}}
[[Category:History of Bosnia and Herzegovina]]
[[Category:Croatian War of Independence]]
[[Category:Kosovo War]]
[[Category:Yugoslavia]]
[[Category:International Criminal Tribunal for the former Yugoslavia|International Criminal Tribunal for the former Yugoslavia]]
[[Category:Organisations based in The Hague]]