It had jurisdiction over genocide, crimes against humanity, and violations of the Geneva Conventions committed in the former Yugoslavia since 1991.
Note
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.
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.
Case study
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.
Case study
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.
Findings and documentation
Sexual violence as policy
Like in Rwanda, the ICTY documented the systematic use of rape by Yugoslav and Serbian forces in Kosovo as a tool of ethnic cleansing and terror.
Based on field reports from Human Rights Watch and forensic evidence gathered during and after the conflict.
Scale, cost, and pace
Over its tenure, the ICTYprosecuted 161 individuals and completed 90 trials, more than its counterpart in Rwanda.
It was criticized for being excessively expensive and slow moving.
Across its lifespan, it cost over $2 billion USD, trying just 161 individuals.
Criticisms and public reception
Perceived imbalance and victor’s justice
A frequent criticism, especially from Serbia, was that the ICTYdisproportionately targeted Serbs, fostering a sense of victor’s justice.
Of the 90 individuals convicted, over 60 were Serbs, with far fewer convictions against Croats or Kosovar Albanians.
Although some KLA members were indicted, most were acquitted, reinforcing the view of imbalanced prosecution.
Limited reconciliation and low trust
Despite its legal contributions, the ICTY had limited success in promoting reconciliation in the former Yugoslavia.
Public opinion polls in Serbia and Bosnia showed low trust in the tribunal, with many viewing it as politically motivated.
The focus on individual accountability often failed to resonate with broader societal narratives or address communal grievances.
Contributions and long-term impact
Doctrinal clarifications and the ICC
On the achievements side, the ICTYdefined crimes such as genocide, crimes against humanity, and war crimes, and clarified individual criminal responsibility, including for heads of state.
This helped shape the Rome Statute and the formation of the International Criminal Court (ICC) in 2002.
Accountability of leaders
The tribunal proved that even sitting leaders could be held accountable, with the indictment of Slobodan Milošević in 1999 marking the first time a sitting European head of state faced such charges.
Lasting record
The ICTY assembled a comprehensive factual and legal record of the Yugoslav Wars, including documentation of the Srebrenica genocide and systematic crimes in Kosovo.
This record remains vital for historians, courts, and reconciliation efforts.
Active recall
Evaluate the actions of the ICTY, do you see it as overall successful or failed? Why?