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The Ad Hoc Tribunals For The Former Yugoslavia
 

The Ad Hoc Tribunals For The Former Yugoslavia

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The Ad Hoc Tribunals For The Former Yugoslavia The Ad Hoc Tribunals For The Former Yugoslavia Presentation Transcript

  • The Ad hoc Tribunals for the Former Yugoslavia Event Expert
  • Key events leading up to the conflict:
    • May 4, 1980: President Josip Broz Tito dies;
    • 1989: Slobodan Milosevic comes to power;
    • Post-Cold War: The election of non-communist governments in 4 of Yugoslavia's 6 republics begins to crumble the Yugoslav Federation and ethnic divisions resurface;
  • 1991
      • Franjo Tudjman , leader of Croatia, begins reviving the fascism that reigned during WWII and targeting Orthodox Serbs;
      • June 1991: Slovenia and Croatia declare independence from Yugoslavia, beginning civil war;
      • July 1991: With the help of Serbian guerillas in Croatia, Milosevic invades Croatia to “protect” the Serbian minority;
      • Serbian militants begin the first mass executions of the conflict in Vukovar , killing 100s of Croat men and burying them in mass graves;
      • End of 1991: a UN sponsored cease-fire agreement was reached between the Serbs and Croats fighting in Croatia;
      • Macedonia declares independence from Yugoslavia
      • April: the US and the European Community formally recognize the independence of Bosnia .
      • Milosevic responds by attacking its capital, Sarajevo , where Serbian snipers continually shoot down civilians in the streets, including over 3,500 children.
        • The siege of Sarajevo is sustained by near-constant bombardment of its civilian population between 1992 and 1995.
      • Aug 2: death camps located in Prijedor, Bosnia are exposed;
        • “ Muslims [were transported] in cattle cars to camps where killings were a daily event” (John Hagan, 46);
      • The idea of an international tribunal court for the former Yugoslavia begins to gain momentum within the international community.
    1992
    • Oct 26, 1992: The UN Secretary-General announces the appointment of a 5-person Commission of Experts, which issues an interim report to the Security Council on Jan 16,1993 that calls for the establishment of an international tribunal.
    • Other UN bodies also using language that suggests international prosecution was becoming an increasingly popular idea, including the Commission on Human Rights and the General Assembly.
    • The UN Secretary-General submitted a report to the Security Council that included specific proposals for action to be taken by the UN. This report was strengthened by submissions from member countries including Italy, Brazil, Canada, the Organization of the Islamic Conference, Mexico, the Netherlands, the Russian Federation, Slovenia and the US, as well as the International Committee of the Red Cross, Amnesty International, and the Lawyers Committee for Human Rights.
    • confident the international community won’t get involved, Serbs in Bosnia freely commit genocide against Muslims. Bosnian Serbs operate under the local leadership of Radovan Karadzic , president of the Bosnian Serb Republic.
    • May 25: 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 (ICTY) is formally established by UNSC Resolution 827.
    1993
  • 1994
    • Feb. 6: Sarajevo is struck by Serb mortar shells killing 66 people and wounding about 200. The international media broadcasts globally the sights and sounds of the carnage, resulting in calls for military intervention against the Serbs. President Clinton issues an ultimatum through NATO demanding the Serbs withdraw from Sarajevo. They quickly comply and a NATO-imposed cease-fire is declared.
    • Bosnian Serbs attack both UN-declared safe havens as well as UN peacekeepers.
    • NATO responds by launching limited air strikes against Serb ground positions and the Serbs retaliate by taking 100s of UN peacekeepers and using them as human shields by chaining them to military targets.
    • In Srebrenica , Serbs under the command of General Ratko Mladik (still at large) systematically select and slaughter about 8,000 men and boys between the ages of 12-60 - the worst mass murder in Europe since WWII. Meanwhile, Serb militants continue mass rapes of Muslim women.
  • 1995
    • August 30: effective military intervention begins as the US leads a massive NATO bombing campaign in response to the killings in Srebrenica.
    • Serb forces loose ground to Bosnian Muslims who receive arms shipments from the Islamic world, resulting in 1/2 of Bosnia being retaken by Muslim-Croat troops .
    • Nov 1, 1995: leaders of warring factions including Milosevic and Tudjman travel to the US for peace talks at Wright-Patterson AF Base in Ohio.
      • The Dayton Accord establishes a fragile peace in Bosnia-Herzegovina . Included in the accord is a stipulation that war criminals will be handed over for prosecution.
      • 60,000 NATO troops deploy to preserve the cease-fire.
  •  
  •  
  • The International Criminal Tribunal for the Former Yugoslavia
    • Established by UNSC Resolution 827, passed on May 25, 1993;
    • Located in The Hague, The Netherlands;
    • To punish violations of international humanitarian law in Yugoslavia since 1991;
      • Mission:
        • to bring to justice persons allegedly responsible for serious violations of international humanitarian law;
        • to render justice to the victims;
        • to deter further crimes; and
        • to contribute to the restoration of peace by holding accountable persons responsible for serious violations of international humanitarian law
    • ICTY Statute, Article 2:
    • “The International Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949.”
  • The ICTY…
    • authority allows it to prosecute grave breaches of the 1949 Geneva Conventions , genocide, violations of the laws or customs of war, and crimes against humanity;
    • only has jurisdiction over “natural persons and not over organizations, political parties, administrative entities or other legal subjects.” ( www.un.org/icty );
    • and national courts have concurrent jurisdiction over serious violations of international humanitarian law committed in the former Yugoslavia. However, the ICTY can claim primacy over national courts, and may take over national investigations and proceedings at any stage if this proves to be in the interest of international justice;
    • investigations are initiated by the Prosecutor at her own discretion or on the basis of information received from individuals, governments, international organizations or non-governmental organizations.
    • Announced in 2002 its “Completion Strategy” and aims to “close the doors of the Tribunal” by 2010.
  • The Registry
    • Is headed by the Registrar, currently Hans Holthuis of the Netherlands since 2001.
    • Has responsibility for administration and servicing; is not an independent body in itself and its objective is to service the other two organs of the Tribunal: the Chamber and the Prosecutor.
    • A “neutral messenger” of the tribunals: “the Registrar shall be responsible for the administration and servicing of the Tribunal and shall serve as its channel of communication” (William A. Schabas, 607).
    • In charge of administering and supervising the detention of prisoners.
  • The Chamber
    • Two types: Trial Chambers and Appeals Chambers;
    • encompasses the judges and their aids;
    • Judges are elected by the General Assembly to terms of 4 years;
    • the President of the Tribunal is also the presiding Judge of the Appeals Chamber, currently Fausto Pocar of Italy since 2005.
  • The Office of the Prosecutor
    • is responsible for investigating crimes, gathering evidence and prosecuting indictees;
    • The prosecutor and their staff are appointed by the Secretary-General;
    • is currently headed by the Prosecutor Carla del Ponte of Switzerland since 2000.
  • Key Actors
    • Kofi Annan : Secretary-general of the UN, oversaw the creation of the ICTY;
    • Jacques Chirac : French president, central figure in the Dayton Accords;
    • Bill Clinton : issues ultimatum through NATO demanding withdrawal of Serbs from Sarajevo, brokered peace agreements in 1991 and 1995;
    • Radovan Karadzic : President of the Bosnian Serb Republic, indicted by the ICTY and removed from office by the Dayton Accords;
    • Slobodan Milosevic : leader of the former Yugoslavia, participant in the Dayton peace talks, first sitting head of state indicted by an international tribunal for crimes against humanity in Kosovo and Croatia and genocide in Bosnia;
    • Ratko Mladic : Serbian General, twice indicted for crimes against humanity and genocide, served as Karadzic’s military chief and has eluded transfer to the ICTY
    • Franjo Tudjman : elected nationalist president of Croatia, led Croatia’s independence from Yugoslavia.
  • Key Actors
    • Bosnia-Herzegovina
    • Croatia
    • Kosovo
    • Montenegro
    • Macedonia
    • Prijedor
    • Sarajevo
    • Serbia
    • Slovenia
    • Srebrenica
    • Vojvodina
    • Vukovar
    • NATO
    • UN
    • US
    • France