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The 1993 War Tribunal in Former Yugoslavia

The 1993 war tribunal in former Yugoslavia was a court established to try war criminals from the Yugoslav Wars. The United Nations Security Council established the tribunal in Resolution 827, and it commenced operations in November 1993. Since the Nuremberg Trials in 1945, it was the first international war crimes tribunal. The tribunal, which consisted of international judges and prosecutors, was designed to provide a fair and impartial examination of the events leading up to and during the war.

The tribunal indicted 161 people, including Slobodan Milo šević, for genocide, crimes against humanity, and war crimes, the president of Serbia during the time of the war. These indictments were the outcome of investigations carried out by the tribunal’s predecessor, the International Criminal Tribunal for the Former Yugoslavia (ICTY), which was established in 2002. (Kerr, 2018). The International Criminal Tribunal for the Former Yugoslavia was presided over by the United States (ICTY). During and after the Yugoslav Wars, the International Criminal Tribunal for the former Yugoslavia tried charges including violations of international humanitarian law, crimes against humanity, and genocide committed in the former Yugoslavia (1991-1995).

In 1993, a war tribunal was convened in the former Yugoslavia to prosecute crimes against humanity and violations of international humanitarian law. The United Nations Security Council established the tribunal in Resolution 827, making it the first international war crimes tribunal since the Nuremberg trials (Adams, 2018). The first trials began in March 1995 and concluded in November 1996. Thirty-seven defendants were found guilty and sentenced to death. The remaining were found not guilty or received lesser sentences.

The tribunal operated from 1993 to 2006 and convicted 97 individuals. The most notable prosecutions were the trials of former Yugoslav president Slobodan Milošević and Croatian leader Ante Gotovina for genocide, crimes against humanity, and war crimes. The tribunal also helped to reinforce the international norm that genocide is a crime punishable by law (Barria & Roper, 2005). The trial of Slobodan Milošević was the longest and most expensive trial in history and resulted in his conviction on numerous charges of genocide, war crimes, and crimes against humanity.

The tribunal was successful in its mission to bring justice to victims of the war in former Yugoslavia, but it was also criticized for its slow pace and poor evidence (Barria & Roper, 2005). The tribunal was closed in 2006 after completing its mandate. The trial of Slobodan Milošević was the longest and most expensive trial in history and resulted in his conviction on numerous charges of genocide, crimes against humanity and war crimes. In addition, the tribunal contributed to the international consensus that genocide is a crime punishable by law. The tribunal was partially unsuccessful in its mission to bring justice to perpetrators of the war, who were mostly not brought to trial (Kerr, 2018).

The tribunal’s mandate expired in December 2006 but was extended by the Security Council twice until its final dissolution in February 2009. The last trial took place in November 2007. Since its inception, the tribunal has generated controversy and been subject to criticism from those who believe that the trials were unfair and those who believe that the tribunal’s focus was too narrow.

References

Adams, A. (2018). The Legacy of the International Criminal Tribunals for the Former Yugoslavia and Rwanda and Their Contribution to the Crime of Rape. European Journal Of International Law29(3), 44-59. doi: 10.1093/ejil/chy043

Barria, L., & Roper, S. (2005). How effective are international criminal tribunals? An analysis of the ICTY and the ICTR. The International Journal Of Human Rights9(3), 49-68. doi: 10.1080/13642980500170782

Kerr, R. (2018). International Criminal Tribunal for the Former Yugoslavia (ICTY). Oxford Bibliographies Online Datasets, 12-17. doi: 10.1093/obo/9780199796953-0169

 

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