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 wars in the former Yugoslavia, and to try their perpetrators.[1] The tribunal is an ad hoc court which is located in The Hague, the Netherlands.
The Court was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It has 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 or customs of war, genocide, and crime 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 last indictment was issued 15 March 2004. The Tribunal aims to complete all trials by the middle of 2011, except for the trial of Radovan Karadžić, which is expected to end in 2012 and all appeals by 2013, except Radovan Karadžić which is expected to be heard by February 2014.[2]
The International Criminal Tribunal for the former Yugoslavia should not be confused with the International Criminal Court and the International Court of Justice; both courts are also based in The Hague, but have a permanent status and different jurisdictions.
The Court was originally proposed by German Foreign Minister Klaus Kinkel.[3]
The Tribunal employs around 1,200 staff. Its 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. The President of the Tribunal is also the presiding Judge of the Appeals Chamber. Currently, this is Patrick Lipton Robinson of Jamaica (since 2008). 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).
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).
The Office of the Prosecutor (OTP) is responsible for investigating crimes, gathering evidence and prosecuting indictees. It is headed by the Prosecutor, 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.
There are 16 permanent judges and 12 ad litem judges who serve on the tribunal. They are elected to four-year terms by the UN General Assembly. They can be re-elected.
On 17 November 2008, Judge Patrick Lipton Robinson (Jamaica) was elected as the new President of the ICTY by the permanent judges in an Extraordinary Plenary Session. Judge O-Gon Kwon (South Korea) was elected as the new Vice-President.[4]
Name Country Position Elected Term EndsList of judges provided on Organs of the Tribunal at: http://www.icty.org/sid/151