Legal Definitions - International Criminal Tribunal for Yugoslavia

The International Criminal Tribunal for the Former Yugoslavia (ICTY) was a specialized international court established by the United Nations. Its primary purpose was to investigate and prosecute individuals responsible for serious violations of international humanitarian law committed during the conflicts in the Balkans in the 1990s.

Created by the UN Security Council on May 25, 1993, the ICTY was the first international war crimes tribunal since the post-World War II Nuremberg and Tokyo tribunals. Its jurisdiction covered crimes such as genocide, crimes against humanity (including extermination, enslavement, deportation, imprisonment, torture, rape, and persecution), and war crimes, all committed within the territory of the former Socialist Federal Republic of Yugoslavia from January 1, 1991, onwards. The Tribunal focused on holding accountable those individuals considered most responsible for these atrocities. A key feature of the ICTY was its primacy, meaning its authority to prosecute these specific crimes superseded that of national courts.

• Example 1: Prosecution of a Military Commander

  Years after the conflict, a former military commander, General Marko Petrović, is living quietly in a neighboring country. The ICTY issues an indictment against him, alleging that he ordered his troops to systematically round up and execute non-Serb men in a particular village during the war. After his arrest and transfer to The Hague, the ICTY conducts a trial, presenting evidence from witnesses and forensic experts. This scenario illustrates the ICTY's role in pursuing and prosecuting high-ranking individuals for war crimes, even years after the events, and its ability to assert jurisdiction over individuals regardless of their current location.

• Example 2: Accountability for Ethnic Cleansing

  A former regional political leader, Ms. Elena Jovanović, is accused by the ICTY of orchestrating a campaign of "ethnic cleansing" in a specific region. The indictment details how she used her authority to facilitate the forced displacement of thousands of Croat and Bosniak civilians, the destruction of their homes, and the establishment of detention camps where torture and inhumane treatment were rampant. The ICTY's investigation gathers extensive documentation and survivor testimonies to build a case against her for crimes against humanity. This demonstrates the Tribunal's mandate to address systematic atrocities like forced displacement and persecution, holding political leaders accountable for their part in such widespread abuses.

• Example 3: Investigating a Mass Atrocity

  Following the discovery of a previously unknown mass grave site in Bosnia, forensic teams, working in cooperation with international investigators, identify the remains of hundreds of victims. The ICTY launches an investigation that links the massacre to a specific paramilitary unit operating under the command of Mr. Dragan Kovačević. Evidence suggests that the unit deliberately targeted a specific ethnic group, leading to charges of genocide. This example highlights the ICTY's crucial function in investigating the most severe international crimes, such as genocide, and bringing those directly responsible for mass killings to justice based on forensic and testimonial evidence.