An International Tribunal for the Former Yugoslavia; An Act of Powerlessness or a New Challenge for the International Community?

Abstract

The decision of the Security Council of the United Nations to establish an ad hoc tribunal for the prosecution of persons responsible for violations of humanitarian norms in the former Yugoslavia forms the basis for this article. The author starts by putting this decision in a historic perspective and elaborates subsequently on several legal issues involved. These issues inter alia concern the legal foundation on the Statute of the Tribunal and the competence of the Tribunal ratione materiae. Furthermore, some information is provided about the organisation of the Tribunal and the procedures to be followed. The author finally enters into some preliminary observations on the prospects of this Tribunal.