The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 to prosecute serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. The ICTY Statute defines the crimes within its jurisdiction, including grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. It established individual criminal responsibility and prohibited double jeopardy. The ICTY has indicted and prosecuted over 160 individuals responsible for war crimes, crimes against humanity and genocide committed during the conflicts in Bosnia and Herzegovina, Croatia and Kosovo. One of the first individuals indicted and convicted was Duško Tadić, a former
21. serious violation of international humanitarian law Croatian War former Stajićevo camp in Serbia BorovoSelo killings Lovas massacre Ethnic cleansing of Lipovača, Vukovići and Saborsko Zagreb rocket attacks
22. former Stajićevo camp in Serbia where Croatian prisoners of war and civilians were kept by Serbian authorities 1700 detainees Conditions: 2 meals a day, no toilets Electric shocks Killing
23. BorovoSelo killings May 2 1991 Border of Serbia / Croatia Fight between Croat police and Serb military 15 died
25. Ethnic cleansing of Lipovača, Vukovići and SaborskoZagrebro Location: Croatia By JNA, Militia of RS Krajina 1991.10 – 11 Planned ethnic cleansing in Republic Serbian Krajina
26. Zagreb rocket attacks Perpetrators: Military of Serbian Krajina Randomly target city streets Zagreb, Croatia May2-3, 1995 Death: 7 Injured: 175+
27. Bosnian War Ethnic cleansing Genocide Mass rape and psychological oppression serious violation of international humanitarian law
28. Ethnic cleansing a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas (UNSC Resolution 780) Serbs on Bosniak and Croats
29. included "murder, torture, arbitrary arrest and detention, extra-judicial executions, rape and sexual assaults, confinement of civilian population in ghetto areas, forcible removal, displacement and deportation of civilian population, deliberate military attacks or threats of attacks on civilians and civilian areas, and wanton destruction of property"
30. Genocide Srebrenica massacre July 1995, more than 8,372 Bosniak male killed Described by SG as the worst crime on European soil since the Second World War Perpetrators: army of the RepublikaSrpska
31. Mass rape and psychological oppression Estimates of the numbers raped range from 20,000 to 50,000 ICTY declared that "systematic rape", and "sexual enslavement" in time of war was a crime against humanity, second only to the war crime of genocide. According to Margot Wallström, U.N. Special Representative on Sexual Violence in Conflict, only 12 cases out of an estimated 50,000 to 60,000 have been prosecuted
32. UN Resolution on the violation of International Humanitarian Law in the former Yugoslavia
33. Resolution 808, 22 Feb. 1993 Recalling obligation under Geneva Convention Expressing grave alarm at violation of Int’l humanitarian law in former Yugoslavia decide to establish an int’l tribunal Request Secretary General to submit a report
34. Report of the S.G. Doc S/2504 Resolution 808 not mentioning how to do it The treaty shall be drawn up and adopted by an appropriate international body Involvement of the General Assembly The tribunal should be established by a decision of the SC on the basis of Ch. 7 of the Charter of UN The tribunal should function independently, not subject to the UNSC
35. Resolution 827, 25 May 1993 Acting the Ch. 7 of the Charter of the UN Approve the report from SG Establish an international tribunal for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia All state shall cooperate fully with the tribunal The tribunal shall carried without prejudice to the right of the victims
40. The Statute Art. 1 Competence of the International Tribun Art. 2 Grave breaches of the Geneva Conventions of 1949 wilfulkilling; tortureor inhuman treatment, including biological experiments; wilfullycausing great suffering or serious injury to body or health; extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; compelling a prisoner of war or a civilian to serve in the forces of a hostile power; wilfullydepriving a prisoner of war or a civilian of the rights of fair and regular trial; unlawful deportation or transfer or unlawful confinement of a civilian; taking civilians as hostages.
41. Art. 3 Violations of the laws or customs of war employment of poisonous weapons or other weapons calculated to cause unnecessary suffering; wanton destruction of cities, towns or villages, or devastation not justified by military necessity; attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings; seizureof, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science; plunderof public or private property
42. Art.4 Genocide killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group.
43. Punishable for genocide: genocide; conspiracy to commit genocide; direct and public incitement to commit genocide; attempt to commit genocide; complicityin genocide
44. Art. 5 Crimes against humanity murder; extermination; enslavement; deportation; imprisonment; torture; rape; persecutions on political, racial and religious grounds; other inhumane acts.
45. Art.7 Individual criminal responsibility A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statute, shall be individually responsible for the crime. Official position Subordinate (knew/had reason to know; necessary & reasonable measure to prevent)
46. Art. 10 Non-bis-in-idem No person shall be tried before a national court for acts constituting serious violations of international humanitarian law under the present Statute, for which he or she has already been tried by the International Tribunal. A person who has been tried by a national court for acts constituting serious violations of international humanitarian law may be subsequently tried by the International Tribunal only if: the act for which he or she was tried was characterized as an ordinary crime; or the national court proceedings were not impartial or independent, were designed to shield the accused from international criminal responsibility, or the case was not diligently prosecuted.
47. Art. 20 about proceeding: the accused, victims, witnesses; public trial Art. 21 Right of the Accused All persons equal before the tribunal Entitled to a fair and public hearing Shall be presumed innocent Entitled to a fair trial in full equality
48. Art. 22 Protection of victims & witnesses Art. 24 Penalties: limited to imprisonment Art. 29 Cooperation & judicial assistance Art. 32 Expenses: regular budget of the UN