You haven't read any of the records of the decided cases, have you? I suppose you don't want to know the awfull truth.
This court is run by the United Nations, and is as impartial as you will get in this world. ICTY Key Figures
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| Update: 15 March 2002 |
Not an official document |
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| The International Criminal Tribunal for the former Yugoslavia (ICTY) was established by Security Council resolution 827. This resolution was passed on 25 May 1993 in the face of the serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991, and as a response to the threat to international peace and security posed by those serious violations. |
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| The ICTY is located in The Hague, The Netherlands. |
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| The Chambers consist of 16 permanent judges and a maximum at any one time of nine ad litem judges. The 16 permanent judges are elected by the General Assembly of the United Nations for a term of four years. They can be re-elected. The ad litem judges are drawn from a pool of 27 judges. They are also elected by the General Assembly of the United Nations for a term of four years, but they are not eligible for re-election. An ad litem judge can only serve at the ICTY following his/her appointment by the Secretary-General on the recommendation of the President of the Tribunal in order to sit on one or several specific trials for a period of up to three years. The judges are divided between three Trial Chambers and one Appeals Chamber. Each Trial Chamber consists of three permanent judges and a maximum, at any one time, of six ad litem judges. A Trial Chamber may be divided into mixed sections of three judges (one permanent and two ad litem, or two permanent and one ad litem). Each Trial Chamber can be comprised of up to three sections. The Appeals Chamber consists of seven permanent judges: five from the permanent judges of the ICTY, and two from the 11 permanent judges of the International Criminal Tribunal for Rwanda (ICTR). These seven judges also constitute the Appeals Chamber of the ICTR. Each appeal is heard and decided by five judges. The judges represent the main legal systems in the world and bring to the Tribunal a variety of legal expertise. The judges hear testimony and legal arguments, decide on the innocence or the guilt of the accused and pass sentence. The permanent judges also have important regulatory functions: they draft and adopt the legal instruments regulating the functioning of the ICTY, such as the Rules of Procedure and Evidence. |
President: Claude Jorda (France)
Vice-President: Mohamed Shahabuddeen (Guyana)Presiding Judges:
Richard George May (United Kingdom)
Wolfgang Schomburg (Germany)
Liu Daqun (China) Judges:
Florence Ndepele Mwachande Mumba (Zambia)
David Anthony Hunt (Australia)
Patrick Lipton Robinson (Jamaica)
Mehmet Güney (Turkey)
Asoka de Zoysa Gunawardana (Sri Lanka)
Fausto Pocar (Italy)
Theodor Meron (United States of America)
Amin El Mahdi (Egypt)
Carmel A.Agius (Malta)
Alphonsus Martinus Maria Orie (Netherlands)
O-gon Kwon (Korea) Ad Litem Judges:
Amarjeet Singh (Singapore)
Maureen Harding Clark (Ireland)
Ivana Janu (Czech Republic)
Chikako Taya (Japan)
Fatoumata Diarra (Mali)
Sharon A. Williams (Canada)
Rafael Nieto-Navia (Colombia) |
(Please note that pursuant to Rule 27(C) of the Rules of Procedure and Evidence, the President may at any time temporarily assign a member of a Trial Chamber to another Chamber.)
Trial Chamber III
For all new cases
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Richard May(Presiding)
Patrick Robinson
O-Gon Kwon |
 Nenad BANOVIC and Predrag BANOVIC (IT-95-8/1)
Slobodan MILOSEVIC ("Kosovo", "Croatia" and "Bosnia") (IT-02-54)
Momcilo KRAJISNIK and Biljana PLAVSIC (IT-00-39 & 40)
Sefer HALILOVIC (IT-01-48)
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| OFFICE OF THE PROSECUTOR: |
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| The Office of the Prosecutor (OTP) operates independently of the Security Council, of any State or international organisation and of the other organs of the ICTY. Its members are experienced police officers, crime experts, analysts, lawyers and trial attorneys. The OTP conducts investigations (by collecting evidence, identifying witnesses, exhuming mass graves), prepares indictments and presents prosecutions before the judges of the Tribunal. |
Chief Prosecutor: Carla Del Ponte (Switzerland), since 15 September 1999. Deputy Prosecutor: Graham Blewitt (Australia), since 15 February 1994. |
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| The Registry is responsible for the administration and judicial support services of the Tribunal, including the translation of documents and the interpretation of court proceedings. The Registry's judicial responsibilities cover the organisation of the hearings, the legal filings and archives, the operation of the legal aid programme for indigent defendants, the provision of assistance and protection to witnesses, and the management of the Detention Unit. Together with the President, the Registrar carries out diplomatic functions. The Registrar is also in charge of all communications to and from the Tribunal. |
Registrar: Hans Holthuis (Netherlands), since 1 January 2001.
Deputy Registrar: Bruno Cathala (France), since 18 May 2001. |
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Investigations are initiated by the Prosecutor at her own discretion or on the basis of information received from individuals, governments, international organisations or non-governmental organisations.
Indictments must be confirmed by a judge prior to becoming effective.
The trial commences only once the accused is physically present before the Tribunal. At the initial appearance of the accused, the Trial Chamber asks the accused to enter a plea of guilty or not guilty.
The conduct of the trial draws on both the civil law and common law systems: elements of the adversarial and inquisitorial procedures are combined.
The Rules of Procedure and Evidence guarantee that ICTY proceedings adhere to internationally recognised principles of fair trial. As an important guarantee of a fair trial, the legal aid programme provides counsel for indigent defendants at the expense of the Tribunal. Other important elements include the presumption of innocence, the right to be tried without undue delay, the right to examine adverse witnesses and the right of appeal.
Procedural provisions for the protection of witnesses' identities and the actual assistance provided before, during and after the proceedings by the Victims and Witnesses Section within the Registry ensure that witnesses can testify freely and safely. |
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Following their arrest and until the completion of the proceedings, the accused are held in the ICTY Detention Unit which is located in The Hague and managed by the Registry.
The maximum sentence that can be imposed on an accused is life imprisonment.
Sentences are served in one of the States that have signed an agreement with the United Nations to accept persons convicted by the ICTY. |
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| COOPERATION WITH THE ICTY : |
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| Although judicially independent, the ICTY must rely on international cooperation in order to successfully carry out its mandate. Cooperation by States or international organisations is vital to the collection of evidence, as well as to the detention and transfer of accused persons. States also offer indispensable cooperation in the relocation of sensitive witnesses or the enforcement of sentences handed down by the Tribunal. Additionally, States can contribute personnel or financial resources through the Tribunal's Trust Fund. |
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Since its inception, the Tribunal has become a fully operational legal institution rendering judgements and setting important precedents of international criminal and humanitarian law. Many legal issues now adjudicated by the Tribunal have never actually been adjudicated or have lain dormant since the Nuremberg and Tokyo trials.
Examples of important legal decisions made by the ICTY include clarifications of the application of the Geneva Conventions, the further development of the command responsibility doctrine, and the interpretation of rape as a form of torture and a crime against humanity. |
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| As of September 2001: 1188 staff members from 77 countries. |
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1993
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1994
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1995
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1996
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1997
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1998
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1999
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2000
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2001
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$276,000
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$10,800,000
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$25,300,000
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$35,430,622
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$48,587,000
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$64,775,300
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$94,103,800
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$95,942,600
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$96,443,900
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Of course the UN is truly impartial by admitting Croatia, Bosnia-Hercegovina and Slovenia, countries formed in violation of the Helsinki accords, while at the same time making Yugoslavia re-apply for admission. We can see how impartial the UN is by looking at the recent UN conference on racism.
Your faith in the UN court is touching, especially when it categorically refused to investigate NATO's actions in attacking Yugoslavia in contravention of international law and NATO's own charter. Rather than accepting the awful truth of being manipulated by CNN and their ilk you rely on the trappings of the kangaroo court known as the ICTY which itself was not formed according to the UN's own rules.
A'Brit' - You have completely blown any credibility by your outburst accusing anyone of questioning Nato's attack on Serbia as being a 'denier of the holocaust' etc.
Some basic considerations for you:
Even for those who do take the ICTY seriously (Tony Blaaair, Hashim Thaci, Del Ponte and yourself) indictees are not presumed guilty before their trial (by the way, there will be plenty of KLA 'fighters' on their way there soon as a result of the recent moves in Belgrade);
For such a 'humanitarian' why have you not mentioned a word about the millions of people to have suffered as a result of Nato's actions and the KLA? Not just Serbians (who you seem to class as non-human), but also Albanians, Roma, Jews, Turks, Egyptians...;
As Banat asked: what exactly is a 'Kosovar'? Don't you mean a 'Kosovarian'?!
"People like you are resposible for the deaths, torture, and rape of many, you who chose to turn a blind eye, to wash your hands, just as those who ignored and denied the holocaust."
Very big accusations for a little person to make. I would love for you to say such a thing to my face. Is that the best that you can do in the way of 'argument'? New Labour type accusations? It doesn't work against facts, especially nowadays.
Why do you have such an interest in Albanian independence, A'Brit'? I meet British people with whom I dispute what happened in Kosovo to one extent or another, but none of them are still following the 1999 spin. (And none of them would have spoken so glibly about Britain and England.)
By the way, when you redirect people to the ICTY as 'evidence' of what happened make sure of your facts. The charge of genocide in Kosovo was disproved by the UN and removed from the Milosevic indictment. Just another hysterical tabloid piece of sensationalism.
That does not make the court legitimate, it's a kangaroo court, and that is what it was meant to be.
