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前南斯拉夫國際刑事法庭 ICTY
 

前南斯拉夫國際刑事法庭 ICTY

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for presentation in "Seminar on International Humanitarian Law"

for presentation in "Seminar on International Humanitarian Law"

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    前南斯拉夫國際刑事法庭 ICTY 前南斯拉夫國際刑事法庭 ICTY Presentation Transcript

    • International Criminal Tribunal for the former Yugoslavia
      http://www.icty.org/
    • The War in Former Yugoslavia
      Serbs
      Bosniak
      Croat
    • Socialist Federal Republic of Yugoslavia
    • The Fall of Yugoslavia
    • Desetdnevnavojna, Slovenia
    • Croatian War of Independence1991-1995
    • the development of war
    • Population: 4,750,000=> 4,400,000
    • RepublikaHrvatska
      RepublikaSrpskaKrajina, RSK
    • Bosnian War, 1992-1995
    • RepublikaSrpska, RS
      RepublikaSrpska, RS
      Federacija Bosne
      i Hercegovine, BiH
    • Dayton Agreement, 1995
    • Serbs in former Yugoslavia
    • Serious Violation
      of International Humanitarian Law
    • 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
    • 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
    • BorovoSelo killings
      May 2 1991
      Border of Serbia / Croatia
      Fight between Croat police and Serb military
      15 died
    • Lovas massacre
      1991.10 – 12
      Done by JNA
      Village occupied,
      Killing began
      75 killed
    • 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
    • Zagreb rocket attacks
      Perpetrators: Military of Serbian Krajina
      Randomly target city streets
      Zagreb, Croatia
      May2-3, 1995
      Death: 7
      Injured: 175+
    • Bosnian War
      Ethnic cleansing
      Genocide
      Mass rape and psychological oppression
      serious violation of international humanitarian law
    • 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
    • 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"
    • 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
    • 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
    • UN Resolution on the violation of International Humanitarian Law in the former Yugoslavia
    • 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
    • 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
    • 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
    • theInternational Criminal Tribunal for the Former Yugoslavia
    • ICTY
    • 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.
    • 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
    • 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.
    • Punishable for genocide:
      genocide;
      conspiracy to commit genocide;
      direct and public incitement to commit genocide;
      attempt to commit genocide;
      complicityin genocide
    • Art. 5 Crimes against humanity
      murder;
      extermination;
      enslavement;
      deportation;
      imprisonment;
      torture;
      rape;
      persecutions on political, racial and religious grounds;
      other inhumane acts.
    • 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)
    • 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.
    • 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
    • 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
    • DuškoTadić
      • Born Oct 1, 1955
      • War criminal
      • Former Serbian Democratic Party Leader
      • former member of the paramilitary forces supporting the attack on the district of Prijedor
      • sentenced to 25 years of imprisonment