International Criminal Tribunal for the former Yugoslavia

http://www.icty.org/

The War in Former Yugoslavia

SerbsBosniakCroat

Socialist Federal Republic of Yugoslavia

The Fall of Yugoslavia

Desetdnevna vojna, Slovenia

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Croatian War of Independence1991-1995

the development of war

Population: 4,750,000=> 4,400,000

Republika Srpska Krajina, RSK

Republika Hrvatska

Bosnian War, 1992-1995

• Republika Srpska, RS

Federacija Bosne i Hercegovine, BiH

Republika Srpska, RS

Dayton Agreement, 1995

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Serbs in former

Yugoslavia

Serious Violation of

International Humanitarian Law

serious violation of international humanitarian law

• Croatian War– former Stajićevo camp in Serbia– Borovo Selo 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

Borovo Selo 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 Saborsko Zagrebro

• 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 Republika Srpska

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

– wilful killing; – torture or inhuman treatment, including biological experiments; – wilfully causing 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;– wilfully depriving 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; – seizure of, 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;

– plunder of 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; – complicity in 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

Duško Tadić

• 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