International Criminal Tribunal For The Former Yugoslavia (ICTY)
About The ICTY
The International Criminal Tribunal for the former Yugoslavia (ICTY) is a United Nations court of law dealing with war crimes that took place during the conflicts in the Balkans in the 1990’s. Since its establishment in 1993, it has irreversibly changed the landscape of international humanitarian law and provided victims an opportunity to voice the horrors they witnessed and experienced.
In its precedent-setting decisions on genocide, war crimes and crimes against humanity, the Tribunal has shown that an individual’s senior position can no longer protect them from prosecution.
In May 1993, the Tribunal was established by the United Nations in response to mass atrocities then taking place in Croatia and Bosnia and Herzegovina. Reports depicting horrendous crimes, in which thousands of civilians were being killed and wounded, tortured and sexually abused in detention camps and hundreds of thousands expelled from their homes, caused outrage across the world and spurred the UN Security Council to act.
The ICTY was the first war crimes court created by the UN and the first international war crimes tribunal since the Nuremberg and Tokyo tribunals. It was established by the Security Council in accordance with Chapter VII of the UN Charter.
Situated in The Hague, the Netherlands, the ICTY has charged over 160 persons. Those indicted by the ICTY include heads of state, prime ministers, army chiefs-of-staff, interior ministers and many other high- and mid-level political, military and police leaders from various parties to the Yugoslav conflicts. Its indictments address crimes committed from 1991 to 2001 against members of various ethnic groups in Croatia, Bosnia and Herzegovina, Serbia, Kosovo and the Former Yugoslav Republic of Macedonia.
Content Source : ICTY website
Cases
Češić “Brčko”
Case Title: Prosecutor v Ranko Češić
Case Citation: IT-95-10/1
Charges: In the third amended indictment, confirmed on 26 November 2002, Češić was charged on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) with:
- Murder; humiliating and degrading treatment (violations of the laws or customs of war, Article 3),
- Murder; rape which includes other forms of sexual assault (crimes against humanity, Article 5).
Status: On 11 March 2004, the Trial Chamber rendered its judgement, convicting Češić, on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) of murder humiliating and degrading treatment (violations of the laws or customs of war, Article 3), AND murder; rape which includes other forms of sexual assault (crimes against humanity, Article 5).
Sentence: 18 years of imprisonment
Furundžija ”Lašva Valley”
Case Title: Prosecutor v Anto Furundžija
Case Citation: IT-95-17/1
Charges: The initial indictment against Anto Furundžija was issued on 10 November 1995, charging him with one count of grave breaches of the Geneva conventions and two counts of violations of the laws or customs of war. On 18 December 1997, Anto Furundžija was detained by SFOR and transferred to the Tribunal. On 19 December 1997, he pleaded not guilty to all counts contained in the indictment. On 2 June 1998, the Prosecution filed an amended indictment withdrawing the count of grave breaches of the 1949 Geneva conventions and associated allegations. The amended indictment charged Anto Furundžija on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal), with:
• Torture; outrages upon personal dignity including rape (violations of the laws or customs of war, Article 3)
Status: On 10 December 1998, the Trial Chamber rendered its judgement, convicting Anto Furundžija, on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) with: Torture; outrages upon personal dignity including rape (violations of the laws or customs of war, Article 3)
Sentence: 10 years imprisonment, affirmed on Appeal
Krajišnik “Bosnia and Herzegovina”
Case Title: PROSECUTOR v. MOMČILO KRAJIŠNIK
Citation: IT-00-39
Charges:
Status: On 27 September 2006, the Trial Chamber rendered its judgement: Momčilo Krajišnik was found guilty of the following counts: Count 3, persecution as a crime against humanity; Count 4, extermination as a crime against humanity; Count 5, murder as a crime against humanity; Count 7, deportation as a crime against humanity; and Count 8, forced transfer as an inhumane act as a crime against humanity.
He was found not guilty of the following counts: Counts 1 and 2, genocide and complicity in genocide; Count 6, murder as a violation of the laws or customs of war.
On 17 March 2009, the Appeals Chamber reduced Krajišnik’s sentence to 20 years’ imprisonment. Judge Shahabuddeen appended a separate opinion.
Sentence: 27 years’ imprisonment
Case Title: The Prosecutor v. Zdravko Mucić, Hazim Delić, Esad Landžo & Zejnil Delalić
Citation: IT-96-21
Charges: Mucic, on the basis of superior criminal responsibility (Article 7(3) of the Statute of the Tribunal) with: Wilfully causing great suffering or serious injury; unlawful confinement of civilians; wilful killings; torture; inhuman treatment (grave breaches of the Geneva Conventions, Article 2), AND Cruel treatment; plunder; murders; torture (violations of the laws or customs of war, Article 3).
Delic, on the basis of individual criminal responsibility (Article 7(1)) and superior criminal responsibility with: Wilful killings; torture; wilfully causing great suffering or serious injury; inhuman treatment; unlawful confinement of civilians (grave breaches of the Geneva Conventions, Article 2), AND Murders; torture; cruel treatment; plunder (violations of the laws or customs of war, Article 3).
Landžo, on the basis of individual criminal responsibility with: Wilful killings; torture; wilfully causing great suffering or serious injury (grave breaches of the Geneva Conventions, Article 2), AND Murder; torture; cruel treatment (violations of the laws or customs of war, Article 3).
Delalic, on the basis of superior criminal responsibility with: Wilful killings; torture; inhuman treatment; unlawful confinement of civilians; wilfully causing great suffering or serious injury (grave breaches of the Geneva Conventions, Article 2), AND Cruel treatment; murders; torture (violations of the laws or customs of war, Article 3).
Status: On 16 November 1998, the Trial Chamber rendered its judgement, convicting the accused as follows:
Mucić, on the basis of superior criminal responsibility (Article 7(3) of the Statute of the Tribunal) with: Wilfully causing great suffering or serious injury; unlawful confinement of civilians; wilful killings; torture; inhuman treatment (grave breaches of the Geneva Conventions, Article 2), AND Murders; cruel treatment; torture; (violations of the laws or customs of war, Article 3).
Delić, on the basis of individual criminal responsibility with: Wilful killings; torture; wilfully causing great suffering or serious injury; inhuman treatment; (grave breaches of the Geneva Conventions, Article 2), AND Murders; torture; cruel treatment; (violations of the laws or customs of war, Article 3).
Landžo, on the basis of individual criminal responsibility with: Wilful killing; torture; wilfully causing great suffering or serious injury (grave breaches of the Geneva Conventions, Article 2), AND Murder; torture; cruel treatment (violations of the laws or customs of war, Article 3).
Sentence: Mucić sentenced to 7 years’ imprisonment, Delić sentenced to 20 years’ imprisonment, Landžo sentenced to 15 years’ imprisonment, Delalić was acquitted of all charges.
Stanišić & Župljanin “Bosnia and Herzegovina”
Case Title: The Prosecutor v. Mićo Stanišić and Stojan Župljanin
Case Citation: IT-08-91
Charges: Seven counts of crimes against humanity – Persecutions (Count 1), Extermination (Count 2), Murder (Count 3), Torture (Count 5), Inhumane acts (Count 8), Deportation (Count 9), Inhumane acts (forcible transfer) (Count 10).
Three counts of the violations of the laws or customs of war – Murder (Count 4), Torture (Count 6), Cruel treatment (Count 7)
Status:
The Appeals Judgement was pronounced on 30 June 2016. The Appeals Chamber dismissed all of Stanišid’s and Župljanin’s grounds of appeal. It confirmed their convictions for committing, through participation in a joint criminal enterprise (JCE), persecutions as a crime against humanity and murder and torture as violations of the laws or customs of war.
The final convictions are as follows:
Mico Stanišic, on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal), was found guilty of: Persecutions (crimes against humanity), Murder (violations of the laws or customs of war), Torture (violations of the laws or customs of war).
Stojan Župljanin, on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal), was found guilty of: Persecutions (crimes against humanity), Extermination (crimes against humanity), Murder (violations of the laws or customs of war), Torture (violations of the laws or customs of war)
Sentence: 22 years imprisonment
Case Title: Prosecutor v. Duško Tadić a/k/a/ “DULE”
Case Citation: IT-94-1
Charges: Duško Tadić was charged on the basis of individual criminal responsibility (Article 7(1) of the Statute) with:
• Persecutions on political, racial or religious grounds; rape; murder; inhumane acts (crimes against humanity, Article 5),
• Wilful killing; torture or inhuman treatment; wilfully causing great suffering or serious injury to body or health (grave breaches of the 1949 Geneva conventions, Article 2),
• Cruel treatment; murder (violations of the laws or customs of war, Article 3)
Status: On 7 May 1997, the Trial Chamber rendered its judgement, convicting the accused as follows: Duško Tadic on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) with: Crimes against humanity (Article 5 of the Statute – persecutions on political, racial or religious grounds; inhumane acts), and Violations of the laws or customs of war (Article 3 thereof – cruel treatment).
The Appeals Chamber handed down its judgement on 15 July 1999, denying Duško Tadic’s appeal on all grounds. However, allowing the Prosecution’s cross-appeal, the Appeals Chamber reversed the judgement of the Trial Chamber and found the accused guilty on the basis of individual criminal responsibility (Article 7(1) of the Statute) with:
• Grave breaches of the 1949 Geneva conventions (Article 2 of the Statute – wilful killing; torture or inhuman treatment; wilfully causing great suffering or serious injury to body or health),
• Crimes against humanity (Article 5 thereof – murder), and
• Violations of the laws or customs of war (Article 3 thereof – murder)
Sentence: 20 years imprisonment
Case Title: Prosecutor v Stevan Todorovic
Case Citation: IT-95-9/1
Charges: Stevan Todorović was charged on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) and superior criminal responsibility (Article 7(3)) with:
• Persecutions on political, racial and religious grounds; deportation; murder; inhumane acts; rape; torture (crimes against humanity, Article 5),
• Unlawful deportation or transfer; wilful killing; wilfully causing great suffering; torture or inhuman treatment (grave breaches of the Geneva conventions, Article 2),
• Murder; cruel treatment; humiliating and degrading treatment; torture (violations of the laws or customs of war, Article 3)
Status: On 31 July 2001, the Trial Chamber rendered its judgement, convicting Stevan Todorović on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) and superior criminal responsibility (Article 7(3)) with: Persecutions on political, racial and religious grounds (crimes against humanity, Article 5)
Sentence: 10 years’ imprisonment