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Topic: ICTY


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In the News (Sun 18 Aug 19)

  
  AU Washington College of Law: War Crimes Research Office - ICTY Status Reports
Two ICTY detainees, Slobodan Milosevic and Vojislav Seselj, are candidates in the December 28 election in Serbia.
He is charged with one count of crimes against humanity (persecution) and four counts of war crimes (murder, cruel treatment, wanton destruction of villages or destruction not militarily justified, destruction or willful damage done to educational or religious institutions) related to the persecution of non-Serb populations in a break-away portion of Croatia in 1991-92.
The ICTY and the UN Security Council have expressed support for the War Crimes Chamber, which is anticipated to try cases transferred by the ICTY.
www.wcl.american.edu /warcrimes/2003icty_status.cfm   (8979 words)

  
 Due Process Protections Afforded Defendants (Human Rights Watch Press Release, New York, December 4, 2001)
An ICTY trial judge must first issue an arrest warrant or a summons based upon an indictment that must be considered to establish a prima facie case.
For example, the ICTY provides a fundamental protection by requiring that a defendant must be immediately informed of the nature of the charges against him or her.
A majority vote of the ICTY judges is required to sustain a conviction or hand down a sentence.
www.hrw.org /press/2001/12/miltrib1204.htm   (794 words)

  
 The ICTY Gag Order Against Slobodan Milosevic: Illegal, Illogical and Strictly Political   (Site not responding. Last check: 2007-11-05)
On December 12th, the ICTY suspended all visits and telephone communications to Slobodan Milosevic, with the exception of members of his immediate family, diplomatic representation and legal counsel, based on the claim that he has communicated with the media in the context of upcoming elections in Serbia.
The ICTY disregards and debases the cornerstone of criminal law: the presumption of innocence, and appears to be meddling in the political affairs of Serbia, by gagging the President of a legally constituted and legitimate political party­the Socialist Party of Serbia­ thereby crippling the SPS’s parliamentary campaign.
The ICTY may very well disapprove of the fact that Slobodan Milosevic is participating in the democratic process of his country­as is his right, as a Serbian citizen, President of the Socialist Party, and former President of his country­three times elected by his people.
www.icdsmireland.org /resources/trial/2004/illegal.htm   (5013 words)

  
 Balkan Express
Besides, ICTY is a legitimate, UN court that was set up to punish those responsible for horrific atrocities of the 1990s Balkans wars; it was recognized in the 1995 Dayton Agreement as such, and Serbia is one of the agreement’s co-signers.
Legitimate or not, ICTY is still recognized as part of the Dayton agreement, and Koshtunitsa’s government is obligated to respect Dayton and the peace it brought to Bosnia, the argument goes.
ICTY takes care of Tudjman’s skeletons in the closet, Croatia gets to continue being an ethnically pure state, and everyone’s happy but the Serbs — whose leaders are all indicted by ICTY, by the way.
www.antiwar.com /malic/m111400.html   (1850 words)

  
 ICTY Issues Final Judgment Against Dusan Tadic in First International War Crimes Trial Since World War II
ICTY Issues Final Judgment Against Dusan Tadic in First International War Crimes Trial Since World War II The Human Rights Brief is a publication of The Center for Human Rights and Humanitarian Law at Washington College of Law, American University.
Proceedings are held pursuant to ICTY Rule 61 in cases where a warrant of arrest, issued after an indictment has been confirmed by one Judge, has not been executed and, as a result, personal service of the indictment on the accused has not been effected.
During an open hearing before an ICTY Trial Chamber the prosecutor presents all the evidence available, and if, on the basis of that evidence, the Judges find that there is reasonable ground to believe that the accused committed all the crimes they shall issue an international arrest warrant.
www.wcl.american.edu /hrbrief/v4i3/icty43.htm   (1686 words)

  
 Project on International Courts and Tribunals
The Statute of the ICTY eventually left a deep imprint first and foremost on that of the ICTR (which was established in a like manner 18 months later), and then on that of the ICC, although several aspects differentiate the latter from the former tribunals.
The structural similarities between the ICTY and the ICTR are numerous, including the fact the ICTY and the ICTR share the same Chief Prosecutor and the same Appeal Chamber.
Thirdly, the ICTY and the ICTR are subsidiary organs of the Security Council within the terms of article 29 of the Charter.
www.pict-pcti.org /courts/ICTY.html   (875 words)

  
 Croatia's Cooperation With the UN War Crimes Tribunal - Global Policy Forum - International Justice   (Site not responding. Last check: 2007-11-05)
September 13: The ICTY confirms the indictment of Bosnian Croat General Ivica Rajic, for war crimes, saying that Croatia was directly involved in the Bosnia conflict.
The transfer, hailed as the first stage in Croatia's cooperation with the ICTY, was the result of strong, particularly financial, pressure by the West.
Naletilic is charged with war crimes and crimes against humanity committed during the conflict between the 1993-94 conflict between Croats and Muslims (1993-94) in the region of Mostar in southern Bosnia.
www.globalpolicy.org /intljustice/tribunals/2001/0716cro2.htm   (690 words)

  
 Class discussion, ICTY   (Site not responding. Last check: 2007-11-05)
ICTY and ICTR established by the UN Security Council.
This is the conflict that Dusko Tadic was a part of and for which he was prosecuted by the ICTY.
Do you think the ICTY is subject to some of the same legal criticisms as the Nuremberg trial--e.g.
www-unix.oit.umass.edu /~leg497b/dis3-26.htm   (689 words)

  
 NATO Press Release (96)26   (Site not responding. Last check: 2007-11-05)
The ICTY is providing HQ IFOR with all available information on the persons indicted for war crimes and this information is being distributed to IFOR personnel.
As an illustration of such support, NATO responded positively to an ICTY request to assist in the secure transport of two persons detained as suspects and potential witnesses from Sarajevo to The Hague on 12th February for further investigation by the Tribunal.
NATO Military Authorities and the ICTY are continuing to refine the arrangements for IFOR's cooperation with the Tribunal.
www.nato.int /docu/pr/1996/p96-026e.htm   (250 words)

  
 Human Rights First | Kosovo | Human Rights First Statement, January 1999
It calls on the Yugoslav government to fully implement its obligation to cooperate with the ICTY and urges the Security Council to take immediate steps to ensure that Tribunal investigators are allowed to perform their mandate.
The Yugoslav authorities’ refusal to grant the Prosecutor access to Kosovo is based on the untenable assertion that the ICTY has no jurisdiction over Kosovo and that the fighting in the province does not amount to an armed conflict.
The Yugoslav government’s duty to cooperate with the ICTY must be enforced as the cornerstone of any resolution of the Kosovo crisis.
www.humanrightsfirst.org /media/2001_1996/kosovostatement0199.htm   (721 words)

  
 NATO/SFOR Informer: ICTY Chief Prosecutor visits BiH
Carla del Ponte, Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY), and Mr Graham Blewitt, Deputy Prosecutor, held a Press Conference at the SFOR Tito Barracks facilities in Sarajevo.
The ICTY was established by the United Nations Security Council in May 1993.
This was agreed by all Parties in Rome (Feb 96) and suspected war criminals at large remain an obstacle to the peace process.
www.nato.int /sfor/partners/icty/t991117d.htm   (318 words)

  
 Letter to H.E. A. Peter van Walsum   (Site not responding. Last check: 2007-11-05)
However, in accordance with the Constitutional Act on the Cooperation with the ICTY and the ICTY Rules of Procedures, Croatia is ready, through the procedure inscribed in the Constitutional Act, to approve the transfer of Mladen Naletilić Tuta to the Hague.
Following the request of the ICTY Prosecutor for some documents related to the Flash and Storm operations, Croatia's legal representative has complained that these cases go beyond the ICTY's jurisdiction and has suggested that this important legal issue be decided upon by the Tribunal.
Enabling the ICTY to decide on cases involving a disagreement on legal issues between the ICTY's Prosecutor and individual States would strengthen the confidence of States in the work of the ICTY as a whole.
www.un.int /croatia/statement/letters/lett_090199.htm   (967 words)

  
 Cooperation by the Federal Republic of Yugoslavia with the ICTY (Human Rights Watch, 7-2-2001)
In the Federal Republic of Yugoslavia, hopes of a clean break with the abuses of the past are being dashed by President Kostunica's blatant disrespect for the jurisdiction of the international tribunal.
His statements challenging the objectivity or impartiality of the Tribunal and his obstinate refusal to cooperate promptly with the ICTY belie his stated commitment to uphold the rule of law.
At the same time that the E.U. signals the importance that it attaches to FRY cooperation with the ICTY, it is imperative that this message be reinforced by renewed efforts to bring to justice indictees remaining at large in Bosnia and Hercegovina.
www.hrw.org /press/2001/02/icty0207.htm   (599 words)

  
 On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law   (Site not responding. Last check: 2007-11-05)
In the ICTY and ICTR, the latter organ is called the `Office of the Prosecutor'.
Cooperation is necessary in relation to requests for assistance or orders of the ICTY for the identification and location of persons, the taking of testimony and the production of evidence, the service of documents, the arrest or detention of persons, and the surrender or transfer of the accused to the ICTY.
The ICTY is endowed with jurisdiction over individuals living within sovereign states, be they states of the former Yugoslavia or third states, and, in addition, has been conferred with primacy over national courts in its Statute.
www.ejil.org /journal/Vol9/No1/art1-07.html   (2157 words)

  
 ICTY to INVESTIGATE ALBANIAN TERROISTS IN MACEDONIA [Free Republic]
And the ICTY, which is concerned to maintain its existence and funding when its initial term is about to run out, wants to be sure it is going after criminals in the current enemy.
ICTY is in business of preparing precedents for ICC.ICTY and ICC are the flipsides of the same coin.
According to Michel Chossudovsky: "the International Criminal Tribunal for the former Yugoslavia (ICTY) announced it was 'investigating Ceku for alleged war crimes committed against ethnic Serbs in Croatia between 1993 and 1995.' The information, however, was known to military and intelligence analysts well in advance of Ceku’s appointment.
www.freerepublic.com /forum/a3ac2a84c25b3.htm   (1276 words)

  
 Prosper: Republika Srpska's Future Linked to Cooperation with ICTY - US Department of State
He noted that cooperation with the ICTY is part of the Dayton Peace Agreement that ended the war in Bosnia and established the Republika Srpska, and he was emphatic about the government's obligations under the agreement.
Cooperation with the UN International Criminal Tribunal for the Former Yugoslavia (ICTY) is part of the Dayton Peace Agreement, the same agreement that established the Republika Srpska.
They are fugitives from justice, under ICTY indictment for charges of genocide, crimes against humanity, and crimes perpetrated against civilian populations.
usinfo.state.gov /dhr/Archive/2004/Mar/08-61410.html   (1848 words)

  
 OHR-ICTY Working Group on Development of BiH Capacity for War-crimes trials Successfully Completed
The OHR and the ICTY will also jointly present their Conclusions at the next meeting of the Peace Implementation Council in Brussels, planned for 28 March 2003, and to the United Nations Security Council, at the first possible opportunity.
The ICTY experience will also be referred to in the development of specific rules of procedure for the specialised War Crimes Chamber of the Court of BiH, and in the review of the Criminal Procedure Code of BiH.
Both the OHR and the ICTY recognise that an effective war crimes trial capability within BiH is an essential part of the establishment of the rule of law and fundamental to the reconciliation process, creating necessary conditions to secure a lasting peace in BiH.
www.ohr.int /print?content_id=29301   (519 words)

  
 TRIAL - International criminal tribunal for former Yugoslavia (ICTY)   (Site not responding. Last check: 2007-11-05)
This resolution was adopted on the 25 th of May 1993, as a reaction to the threat to peace and international security that grave violations of the humanitarian laws in the territory of former Yugoslavia since 1991 represented.
Competence: the ICTY has competence to judge four types of crimes, the serious violations of the 1949 Geneva Conventions, violations of the laws and customs of war, crimes against humanity and genocide.
Remarkable is the fact that the ICTY doesn't hold the monopole of prosecution and sentencing violations of the humanitarian laws committed in former Yugoslavia, it shares this competence with national jurisdictions.
www.trial-ch.org /en/justice_former_you.html   (347 words)

  
 The Hague Tribunal: Substantial Progress, Key Arrests Expected: USIPeace Briefing: U.S. Institute of Peace
However, the two most wanted Serb indictees, Karadzic and Mladic, are still at large.  ICTY cannot call itself a success until they are in The Hague on trial.
ICTY is not responsible for arrests and transfers and must rely on others for these critical functions.
There have also been complaints about the controversial indictment of Croatian journalists for revealing confidential ICTY information.  The Tribunal ordered these indictments, which were not undertaken independently by the prosecutor.
www.usip.org /newsmedia/releases/2005/0627_hague.html   (333 words)

  
 BEFORE THE PRESIDENT OF THE ICTY   (Site not responding. Last check: 2007-11-05)
The ICTY's function, according to Resolution 827, is to carry out trials, and it follows that those trials must be held in accordance with the principles of international criminal law as well as relevant international human rights instruments.
No provision contained in ICTY documents, nor in international legal instruments, prevent him from standing as a candidate in a democratic election, as the letter and spirit of international law presumes the innocence of an accused person until proof of guilt, beyond a reasonable doubt.
If the ICTY is to be considered a judicial institution, it follows that its function should be to carry out fair trials, weighing relevant and admissible evidence, while respecting the internationally recognized rights of accused persons.
www.icdsm.org /more/BTmotion.htm   (6314 words)

  
 Pravda.RU:ICTY Stalls Acceptance of Milosevic Committee as Amicus Curiae
This is a rule which a) must be followed but which b) only appears in response to an urgent motion filed by the supporters of the Yugoslav leader whom one is attempting to do away with, along with the truth.
It is instructive that in the midst of this health emergency, the guilty party plays procedural games to stall and thereby exclude those who strongly hold that Mr.
On 15 July 2002 ICTY 'Judge' Richard May summarized the findings of the *non-specialist* physicians who were, finally, permitted to examine Slobodan Milosevic.
english.pravda.ru /politics/2002/11/15/39572_.html   (1454 words)

  
 A Politicized ICTY Should Come to An End
It was not surprising because, given the paths of the much politicized works and statements of the prosecution office of the ICTY in the past few years and recent weeks in particular, this indictment was bound to take place.
It was shocking because the Chief Prosecutor of the ICTY ignored the call of the international community at large upon it to show some degree of impartiality and justice, and the good will of the international community that the ICTY should refrain from functioning as a political tool of Western Powers.
The ICTY, which happens to possess criminal jurisdiction over offences taking place in the FY, can and should send an even clearer and stronger signal to NATO and all concerned that no violations of international law constituting international crimes are immune from prosecution and punishment.
jurist.law.pitt.edu /shen.htm   (1061 words)

  
 ICTY Archives - Global Policy Forum - International Justice
The ICTY indicted three Bosnian Muslim military officers the same day it found Bosnian Serb Krstic guilty of genocide, in what appears to be an effort to refute Serbian charges of the one-sidedness of the tribunal.
The ICTY has sentenced Radislav Krstic to 46 years in prison for committing genocide as the second in command in charge of Serbian troops who killed over 7,000 Bosnian Muslim refugees in the town of Srebrenica.
Because, he says, the ICTY "represents more a political institution than a judicial one," Kostunica refuses to receive the ICTY Prosecutor, Carla Del Ponte, on the pretext that she is not important enough to fit into his busy schedule.
www.globalpolicy.org /intljustice/yugoarch.htm   (7676 words)

  
 ASIL Insights: ICTY Judgments in Blaškic and Krstic
On July 29, 2004, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) [1] overturned 16 of the 19 convictions previously entered by an ICTY Trial Chamber against Bosnian Croat military officer Tihomir Blaškić;.
In response, the ICTY and ICTR have utilized collective liability theories to establish an individual’s criminal responsibility.
Furthermore, the ICTY’s determination that the Srebrenica Bosnian Muslims were targeted for genocide, and that Bosnian Muslims generally are a protected group, may implicate proceedings currently pending at the International Court of Justice (ICJ).
www.asil.org /insights/insigh143.htm   (2733 words)

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