The Establishment, Scope, and the Completion of the Mission of International Criminal Tribunal for the Former Yugoslavia

Msc Vilard Bytyqi

doi:10.21113/iir.v5i2.88

Abstract

This paper will treat the establishment, scope, and the completion of the mission of International Criminal Tribunal for formerYugoslavia. It is well known that this Tribunal, respectively The Hague Tribunal, is established with a resolution of United Nations Security Council, for the purpose of establishing peace in the troubled region ofYugoslavia. Since its establishment, the Tribunal has held many judicial processes, by bringing in front of the justice even the heads of states and people with significant state positions.Currently, the tribunal is in the completion phase of its mandate set by the United Nations resolution. For this reason, the tribunal does not accept new cases in order not to extend its completion phase of the mandate.The paper as such, has a practical importance because it will examine the success and challenges that this international court level has faced. Moreover, it will point out also the Completion strategy of this tribunal, where it is presumed that the cases will be transferred to the local justice in order not to overload the court with other cases.

Highlights

The Serbian hegemony, which started in the 90’s against people who lived in former Yugoslavia, created conflict situations between the nations within this territory.The United Nations Security Council with its resolution 771 (1992) of 13th August 1992, demanded that all parties and others concerned in the former Yugoslavia, and all military forces in Bosnia and Herzegovina, immediately cease and desist from all breaches of international humanitarian law.1The reports for the massacre of thousands of civilians, rapes and tortures in the prison camps, the terrifying views from the cities and the sufferings of thousands of people who were expelled from their land, brought the United Nations in the position to raise the Experts Commission for evaluating the situation in the field
Conclusion or findings of the Committee lead the Security Council to establish an international tribunal for people who committed those crimes, in order to stop those actions and prevent peace and international security from the risk
The Security Council expressed one more time its concern regarding the continuous reports of violating the international humanitarian rights in the territory of former Yugoslavia, including those involved in the practice of "ethnic cleansing"

Summary

Introduction

The Serbian hegemony, which started in the 90’s against people who lived in former Yugoslavia, created conflict situations between the nations within this territory. The United Nations Security Council with its resolution 771 (1992) of 13th August 1992, demanded that all parties and others concerned in the former Yugoslavia, and all military forces in Bosnia and Herzegovina, immediately cease and desist from all breaches of international humanitarian law.. The Commission documented terrible crimes and provided the Secretary General with evidence about the breaches of Geneva Conventions and other violations of international humanitarian rights. The Security Council expressed one more time its concern regarding the continuous reports of violating the international humanitarian rights in the territory of former Yugoslavia, including those involved in the practice of "ethnic cleansing".2. The Council decided that these circumstances pose a threat for peace and international security and it was determined to end up these crimes and to take effective actions for bringing in front of justice the people who are responsible. Who have violated international humanitarian rights in the territory of former Yugoslavia since 1991.3

The establishment of International Criminal Tribunal for former Yugoslavia

Former Yugoslavia as geographical area and organized political entity

Completion strategy of the ICTY22

Organization and Trial Chambers at the Hague Tribunal

25 These Chambers include

Conclusion