The International Criminal Tribunal for the Former Yugoslavia (ICTY)
- Creation and mandate
- The ICTY was created by the UN Security Council in May 1993 through Resolution 827, amid escalating atrocities in the Balkans.
- It was the first international war crimes tribunal since Nuremberg and Tokyo.
- It had jurisdiction over genocide, crimes against humanity, and violations of the Geneva Conventions committed in the former Yugoslavia since 1991.
- The Nuremberg and Tokyo Tribunals were landmark international military courts established after World War II to prosecute major Axis powers’ leaders for war crimes.
- The Nuremberg Trials (1945–1946), held in Germany, prosecuted prominent Nazi officials for crimes including genocide, crimes against peace, and crimes against humanity.
- The Tokyo Trials (1946–1948) similarly tried Japanese military and political leaders for war crimes committed in Asia.
Activity, prosecutions, and challenges
- Indictments and convictions by 2017
- By the end of its mandate in 2017, the ICTY had indicted 161 individuals for serious violations of international humanitarian law committed during the conflicts in the former Yugoslavia from 1991 to 2001.
- 90 individuals were convicted and sentenced for crimes including genocide, crimes against humanity, and violations of the laws or customs of war.
- Investigations during the Kosovo conflict
- In 1999, during and after the Kosovo conflict, the ICTY investigated crimes such as the Račak massacre (see corresponding section) and others.
- Indictment of Slobodan Milošević
- On 27 May 1999, it indicted Slobodan Milošević (see next section), the Yugoslav president, and four top officials for crimes against humanity in Kosovo.
- This marked the first time a sitting head of state was charged by an international tribunal (ICTY, 1999).
- Operational resistance and field work
- The tribunal encountered significant resistance: Serbian authorities denied access to crime scenes, refused entry to investigators like Chief Prosecutor Louise Arbour, and obstructed forensic teams.
- Despite this, investigations continued from bases in Albania and Macedonia during the NATO intervention.
- From bias concerns to indictments
- Although initial criticism centered on a perceived bias against Serbs, the ICTY later indicted former Kosovo Liberation Army (KLA) leaders, including Ramush Haradinaj and Fatmir Limaj.
• Most were acquitted due to insufficient evidence proving systematic war crimes.
- Although initial criticism centered on a perceived bias against Serbs, the ICTY later indicted former Kosovo Liberation Army (KLA) leaders, including Ramush Haradinaj and Fatmir Limaj.
- Limited convictions and evidentiary hurdles
- A few KLA members were convicted, but not at senior levels.
- The limited number of convictions reflected major challenges, including witness intimidation, lack of cooperation from authorities, and the difficulty proving command responsibility at senior levels.
Chief Prosecutor Louise Arbour
- Role and tenure
- Louise Arbour served as Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) from 1996 to 1999.
- During her tenure, she played a crucial role in initiating investigations into war crimes in Kosovo.
- Investigations despite obstruction
- After the Serbian attack on Drenica in 1998, Arbour directed inquiries despite significant obstruction from the Yugoslav government.
- She was denied entry into the country to investigate the Račak massacre.
- Indictment of Slobodan Milošević and impact
- Her most notable achievement was the indictment of Yugoslav President Slobodan Milošević on 27 May 1999 for crimes against humanity and war crimes committed in Kosovo.
- This marked the first time a sitting head of state was charged by an international tribunal.
- Arbour’s work strengthened the credibility of international justice and affirmed that political leadership would no longer guarantee impunity for war crimes.
Ramush Haradinaj and Fatmir Limaj
- Ramush Haradinaj
- Senior commander in the Kosovo Liberation Army (KLA).
- After the conflict, transitioned into politics and briefly served as Prime Minister of Kosovo in 2004.
- In 2005, voluntarily surrendered to the ICTY to face war crimes charges allegedly committed in 1998.
- Trial saw multiple delays and complications, including witness intimidation.
- Acquitted twice due to insufficient evidence.
- Fatmir Limaj
- Another prominent KLA commander.
- Indicted by the ICTY in 2003 for war crimes, including illegal detention, torture, and murder of Serb and Albanian civilians.
- Initially detained, then acquitted in 2005, with the court finding no evidence of command responsibility for the alleged crimes.
- Later held political office, serving as Kosovo’s Minister of Transport.
