The Ad hoc Tribunals for The Ad hoc Tribunals for the Former Yugoslaviathe Former Yugoslavia

Event ExpertEvent Expert

Key events leading up to the Key events leading up to the conflict:conflict:

May 4, 1980: President May 4, 1980: President Josip Broz TitoJosip Broz Tito dies; dies;

1989: 1989: Slobodan MilosevicSlobodan Milosevic comes to power; comes to power;

Post-Cold War: The election of non-communist governments in 4 of Post-Cold War: The election of non-communist governments in 4 of Yugoslavia's 6 republics begins to crumble the Yugoslav Yugoslavia's 6 republics begins to crumble the Yugoslav Federation and ethnic divisions resurface;Federation and ethnic divisions resurface;

19911991

Franjo TudjmanFranjo Tudjman, leader of Croatia, begins reviving the fascism , leader of Croatia, begins reviving the fascism that reigned during WWII and targeting Orthodox Serbs;that reigned during WWII and targeting Orthodox Serbs;

June 1991: June 1991: SloveniaSlovenia and and CroatiaCroatia declare independence from declare independence from Yugoslavia, beginning civil war;Yugoslavia, beginning civil war;

July 1991: With the help of Serbian guerillas in Croatia, July 1991: With the help of Serbian guerillas in Croatia, Milosevic invades Croatia to “protect” the Serbian minority;Milosevic invades Croatia to “protect” the Serbian minority;

Serbian militants begin the first mass executions of the conflict Serbian militants begin the first mass executions of the conflict in in VukovarVukovar, killing 100s of Croat men and burying them in , killing 100s of Croat men and burying them in mass graves;mass graves;

End of 1991: a UN sponsored cease-fire agreement was End of 1991: a UN sponsored cease-fire agreement was reached between the Serbs and Croats fighting in Croatia;reached between the Serbs and Croats fighting in Croatia;

MacedoniaMacedonia declares independence from Yugoslavia declares independence from Yugoslavia

April: the US and the European Community formally April: the US and the European Community formally recognize the independence of recognize the independence of BosniaBosnia. .

Milosevic responds by attacking its capital, Milosevic responds by attacking its capital, SarajevoSarajevo, where , where Serbian snipers continually shoot down civilians in the Serbian snipers continually shoot down civilians in the streets, including over 3,500 children. streets, including over 3,500 children.

The siege of Sarajevo is sustained by near-constant The siege of Sarajevo is sustained by near-constant bombardment of its civilian population between 1992 and bombardment of its civilian population between 1992 and 1995.1995.

Aug 2: death camps located in Prijedor, Bosnia are exposed; Aug 2: death camps located in Prijedor, Bosnia are exposed; ““Muslims [were transported] in cattle cars to camps where Muslims [were transported] in cattle cars to camps where

killings were a daily event” (John Hagan, 46);killings were a daily event” (John Hagan, 46); The idea of an international tribunal court for the former The idea of an international tribunal court for the former

Yugoslavia begins to gain momentum within the Yugoslavia begins to gain momentum within the international community.international community.

19921992

Oct 26, 1992: The UN Secretary-General announces the Oct 26, 1992: The UN Secretary-General announces the appointment of a 5-person Commission of Experts, which appointment of a 5-person Commission of Experts, which issues an interim report to the Security Council on Jan issues an interim report to the Security Council on Jan 16,1993 that calls for the establishment of an international 16,1993 that calls for the establishment of an international tribunal.tribunal.

Other UN bodies also using language that suggests Other UN bodies also using language that suggests international prosecution was becoming an increasingly international prosecution was becoming an increasingly popular idea, including the Commission on Human Rights popular idea, including the Commission on Human Rights and the General Assembly. and the General Assembly.

The UN Secretary-General submitted a report to the The UN Secretary-General submitted a report to the Security Council that included specific proposals for action Security Council that included specific proposals for action to be taken by the UN. This report was strengthened by to be taken by the UN. This report was strengthened by submissions from member countries including Italy, Brazil, submissions from member countries including Italy, Brazil, Canada, the Organization of the Islamic Conference, Canada, the Organization of the Islamic Conference, Mexico, the Netherlands, the Russian Federation, Slovenia Mexico, the Netherlands, the Russian Federation, Slovenia and the US, as well as the International Committee of the and the US, as well as the International Committee of the Red Cross, Amnesty International, and the Lawyers Red Cross, Amnesty International, and the Lawyers Committee for Human Rights. Committee for Human Rights.

confident the international community won’t get confident the international community won’t get involved, Serbs in Bosnia freely commit genocide involved, Serbs in Bosnia freely commit genocide against Muslims. Bosnian Serbs operate under against Muslims. Bosnian Serbs operate under the local leadership of the local leadership of Radovan KaradzicRadovan Karadzic, , president of the Bosnian Serb Republic. president of the Bosnian Serb Republic.

May 25: The International Tribunal for the May 25: The International Tribunal for the Prosecution of Persons Responsible for Serious Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Violations of International Humanitarian Law Committed in the Territory of the Former Committed in the Territory of the Former Yugoslavia since 1991 (ICTY) is formally Yugoslavia since 1991 (ICTY) is formally established by UNSC Resolution 827.established by UNSC Resolution 827.

19931993

19941994

Feb. 6: Sarajevo is struck by Serb mortar shells killing 66 people and Feb. 6: Sarajevo is struck by Serb mortar shells killing 66 people and wounding about 200. The international media broadcasts globally the wounding about 200. The international media broadcasts globally the sights and sounds of the carnage, resulting in calls for military intervention sights and sounds of the carnage, resulting in calls for military intervention against the Serbs. against the Serbs. President ClintonPresident Clinton issues an ultimatum through issues an ultimatum through NATONATO demanding the Serbs withdraw from Sarajevo. They quickly comply and a demanding the Serbs withdraw from Sarajevo. They quickly comply and a NATO-imposed cease-fire is declared. NATO-imposed cease-fire is declared.

Bosnian Serbs attack both UN-declared safe havens as well as UN Bosnian Serbs attack both UN-declared safe havens as well as UN peacekeepers.peacekeepers.

NATO responds by launching limited air strikes against Serb ground NATO responds by launching limited air strikes against Serb ground positions and the Serbs retaliate by taking 100s of UN peacekeepers and positions and the Serbs retaliate by taking 100s of UN peacekeepers and using them as human shields by chaining them to military targets. using them as human shields by chaining them to military targets.

In In SrebrenicaSrebrenica, Serbs under the command of General, Serbs under the command of General Ratko Mladik Ratko Mladik (still at (still at large) systematically select and slaughter about 8,000 men and boys large) systematically select and slaughter about 8,000 men and boys between the ages of 12-60 - the worst mass murder in Europe since WWII. between the ages of 12-60 - the worst mass murder in Europe since WWII. Meanwhile, Serb militants continue mass rapes of Muslim women. Meanwhile, Serb militants continue mass rapes of Muslim women.

19951995

August 30: effective military intervention begins as the US leads a August 30: effective military intervention begins as the US leads a massive NATO bombing campaign in response to the killings in massive NATO bombing campaign in response to the killings in Srebrenica.Srebrenica.

Serb forces loose ground to Bosnian Muslims who receive arms Serb forces loose ground to Bosnian Muslims who receive arms shipments from the Islamic world, resulting in 1/2 of Bosnia being shipments from the Islamic world, resulting in 1/2 of Bosnia being retaken by Muslim-Croat troops .retaken by Muslim-Croat troops .

Nov 1, 1995: leaders of warring factions including Milosevic and Nov 1, 1995: leaders of warring factions including Milosevic and Tudjman travel to the US for peace talks at Wright-Patterson AF Base Tudjman travel to the US for peace talks at Wright-Patterson AF Base in Ohio. in Ohio.

The The Dayton AccordDayton Accord establishes a fragile peace in establishes a fragile peace in Bosnia-HerzegovinaBosnia-Herzegovina. . Included in the accord is a stipulation that war criminals will be handed Included in the accord is a stipulation that war criminals will be handed over for prosecution.over for prosecution.

60,000 NATO troops deploy to preserve the cease-fire.60,000 NATO troops deploy to preserve the cease-fire.

The International Criminal The International Criminal Tribunal for the Former Tribunal for the Former

YugoslaviaYugoslavia Established by UNSC Resolution 827, passed on May 25, Established by UNSC Resolution 827, passed on May 25,

1993;1993;

Located in The Hague, The Netherlands;Located in The Hague, The Netherlands;

To punish violations of international humanitarian law in To punish violations of international humanitarian law in Yugoslavia since 1991; Yugoslavia since 1991; Mission:Mission:

to bring to justice persons allegedly responsible for to bring to justice persons allegedly responsible for serious violations of international humanitarian law;serious violations of international humanitarian law;

to render justice to the victims;to render justice to the victims; to deter further crimes; andto deter further crimes; and to contribute to the restoration of peace by holding to contribute to the restoration of peace by holding

accountable persons responsible for serious violations accountable persons responsible for serious violations of international humanitarian law of international humanitarian law

ICTY Statute, Article 2:ICTY Statute, Article 2:

““The International Tribunal shall have The International Tribunal shall have the power to prosecute persons the power to prosecute persons committing or ordering to be committing or ordering to be committed grave breaches of the committed grave breaches of the Geneva Conventions of 12 August Geneva Conventions of 12 August 1949.”1949.”

The ICTY…The ICTY… authority allows it to prosecute grave breaches of the authority allows it to prosecute grave breaches of the 1949 Geneva 1949 Geneva

ConventionsConventions, genocide, violations of the laws or customs of war, and , genocide, violations of the laws or customs of war, and crimes against humanity;crimes against humanity;

only has jurisdiction over “natural persons and not over organizations, only has jurisdiction over “natural persons and not over organizations, political parties, administrative entities or other legal subjects.” (political parties, administrative entities or other legal subjects.” (www.un.org/ictywww.un.org/icty););

and national courts have concurrent jurisdiction over serious violations and national courts have concurrent jurisdiction over serious violations of international humanitarian law committed in the former Yugoslavia. of international humanitarian law committed in the former Yugoslavia. However, the ICTY can claim primacy over national courts, and may However, the ICTY can claim primacy over national courts, and may take over national investigations and proceedings at any stage if this take over national investigations and proceedings at any stage if this proves to be in the interest of international justice; proves to be in the interest of international justice;

investigations are initiated by the Prosecutor at her own discretion or on investigations are initiated by the Prosecutor at her own discretion or on the basis of information received from individuals, governments, the basis of information received from individuals, governments, international organizations or non-governmental organizations. international organizations or non-governmental organizations.

Announced in 2002 its “Completion Strategy” and aims to “close the Announced in 2002 its “Completion Strategy” and aims to “close the doors of the Tribunal” by 2010.doors of the Tribunal” by 2010.

The RegistryThe Registry

Is headed by the Registrar, currently Is headed by the Registrar, currently Hans Hans HolthuisHolthuis of the Netherlands since 2001. of the Netherlands since 2001.

Has responsibility for administration and Has responsibility for administration and servicing; is not an independent body in itself and servicing; is not an independent body in itself and its objective is to service the other two organs of its objective is to service the other two organs of the Tribunal: the Chamber and the Prosecutor.the Tribunal: the Chamber and the Prosecutor.

A “neutral messenger” of the tribunals: “the A “neutral messenger” of the tribunals: “the Registrar shall be responsible for the Registrar shall be responsible for the administration and servicing of the Tribunal and administration and servicing of the Tribunal and shall serve as its channel of communication” shall serve as its channel of communication” (William A. Schabas, 607). (William A. Schabas, 607).

In charge of administering and supervising the In charge of administering and supervising the detention of prisoners.detention of prisoners.

The ChamberThe Chamber

Two types: Trial Chambers and Appeals Two types: Trial Chambers and Appeals Chambers;Chambers;

encompasses the judges and their aids;encompasses the judges and their aids; Judges are elected by the General Judges are elected by the General

Assembly to terms of 4 years;Assembly to terms of 4 years; the President of the Tribunal is also the the President of the Tribunal is also the

presiding Judge of the Appeals presiding Judge of the Appeals Chamber, currently Chamber, currently Fausto PocarFausto Pocar of of Italy since 2005.Italy since 2005.

The Office of the ProsecutorThe Office of the Prosecutor

is responsible for investigating is responsible for investigating crimes, gathering evidence and crimes, gathering evidence and prosecuting indictees;prosecuting indictees;

The prosecutor and their staff are The prosecutor and their staff are appointed by the Secretary-General;appointed by the Secretary-General;

is currently headed by the Prosecutor is currently headed by the Prosecutor Carla del PonteCarla del Ponte of Switzerland since of Switzerland since 2000. 2000.

Key ActorsKey Actors Kofi AnnanKofi Annan: Secretary-general of the UN, oversaw the creation of : Secretary-general of the UN, oversaw the creation of

the ICTY;the ICTY; Jacques ChiracJacques Chirac: French president, central figure in the Dayton : French president, central figure in the Dayton

Accords;Accords; Bill ClintonBill Clinton: issues ultimatum through NATO demanding : issues ultimatum through NATO demanding

withdrawal of Serbs from Sarajevo, brokered peace agreements in withdrawal of Serbs from Sarajevo, brokered peace agreements in 1991 and 1995;1991 and 1995;

Radovan KaradzicRadovan Karadzic: President of the Bosnian Serb Republic, : President of the Bosnian Serb Republic, indicted by the ICTY and removed from office by the Dayton indicted by the ICTY and removed from office by the Dayton Accords;Accords;

Slobodan MilosevicSlobodan Milosevic: leader of the former Yugoslavia, participant in : leader of the former Yugoslavia, participant in the Dayton peace talks, first sitting head of state indicted by an the Dayton peace talks, first sitting head of state indicted by an international tribunal for crimes against humanity in Kosovo and international tribunal for crimes against humanity in Kosovo and Croatia and genocide in Bosnia;Croatia and genocide in Bosnia;

Ratko MladicRatko Mladic: Serbian General, twice indicted for crimes against : Serbian General, twice indicted for crimes against humanity and genocide, served as Karadzic’s military chief and humanity and genocide, served as Karadzic’s military chief and has eluded transfer to the ICTYhas eluded transfer to the ICTY

Franjo TudjmanFranjo Tudjman: elected nationalist president of Croatia, led : elected nationalist president of Croatia, led Croatia’s independence from Yugoslavia.Croatia’s independence from Yugoslavia.

Key ActorsKey Actors

Bosnia-HerzegovinaBosnia-Herzegovina CroatiaCroatia KosovoKosovo MontenegroMontenegro MacedoniaMacedonia PrijedorPrijedor SarajevoSarajevo SerbiaSerbia SloveniaSlovenia SrebrenicaSrebrenica VojvodinaVojvodina VukovarVukovar

NATONATO UNUN USUS FranceFrance