Not an official document ORGANS OF THE TRIBUNAL Updated: 1 December, 2008
CHAMBERS:

The Chambers consist of 16 permanent judges and a maximum at any one time of twelve ad litem judges. A temporary increase in the number of ad litem judges to a maximum of 16 during the year 2008 was approved by the UN Security Council on 20 February 2008. The 16 permanent judges are elected by the UN General Assembly for a term of four years. They can be re-elected.

The ad litem judges are drawn from a pool of 27 judges. They are also elected by the UN General Assembly for a term of four years, and they are eligible for re-election. An ad litem judge can serve at the ICTY following his/her appointment by the Secretary-General on the recommendation of the ICTY President in order to sit on one or more specific trials for a period of up to three years during the term for which they are elected. Ad litem Judges may also be appointed as reserve Judges to be present at each stage of a trial and to replace a Judge that is unable to continue sitting.

The judges are divided between three Trial Chambers and one Appeals Chamber. Each Trial Chamber consists of three permanent judges and a maximum, at any one time, of six ad litem judges. A Trial Chamber may be divided into mixed sections of three judges (one permanent and two ad litem, or two permanent and one ad litem). Each Trial Chamber can be comprised of up to three sections. The Appeals Chamber consists of seven permanent judges: five from the permanent judges of the ICTY, and two from the 11 permanent judges of the International Criminal Tribunal for Rwanda (ICTR). These seven judges also constitute the Appeals Chamber of the ICTR. Each appeal is heard and decided by five judges.
The judges represent the main legal systems in the world and bring to the Tribunal a variety of legal expertise. The judges hear testimony and legal arguments, decide on the innocence or the guilt of the accused and pass sentence.
The permanent judges also have important regulatory functions: they draft and adopt the legal instruments regulating the functioning of the ICTY, such as the Rules of Procedure and Evidence.

President:
Patrick Lipton Robinson (Jamaica)

Vice-President:
O-Gon Kwon (South Korea)

Presiding Judges:
Patrick Lipton Robinson (Jamaica)
Carmel A. Agius (Malta)
Alphonsus Martinus Maria Orie (Netherlands)

Judges:
Mohamed Shahabuddeen (Guyana)
Mehmet Güney (Turkey)
Fausto Pocar  (Italy)
Liu Daqun (China)
Andresia Vaz (Senegal)
Theodor Meron (United States of America)
Jean-Claude Antonetti (France)
Kevin Parker (Australia)
Iain Bonomy (United Kingdom)
Christine Van Den Wyngaert (Belgium)
Bakone Justice Moloto (South Africa)
Christoph Flügge (Germany)

Ad Litem Judges:
Janet M. Nosworthy (Jamaica)
Árpád Prandler (Hungary)
Stefan Trechsel (Switzerland)
Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)
Ali Nawaz Chowhan (Pakistan)
Tsvetana Kamenova (Bulgaria)
Kimberly Prost (Canada)
Ole Bjørn Støle (Norway)
Frederik Harhoff (Denmark)
Flavia Lattanzi (Italy)
Pedro R. David (Argentina)
Michèle Picard (France)
Uldis Kinis (Latvia)
Elizabeth Gwaunza (Zimbabwe)

OFFICE OF THE PROSECUTION:  
The Office of the Prosecutor (OTP) operates independently of the Security Council, of any State or international organisation and of the other organs of the ICTY. Its members are experienced police officers, crime experts, analysts, lawyers and trial attorneys.
The OTP conducts investigations (by collecting evidence, identifying witnesses, exhuming mass graves), prepares indictments and presents prosecutions before the judges of the Tribunal.
Chief Prosecutor: Serge Brammertz ( Belgium ), since 1 January 2008.

Deputy Prosecutor: Norman Farrell (Canada), since 1 July 2008.

REGISTRY:  
The Registry is responsible for the administration and judicial support services of the Tribunal, including the translation of documents and the interpretation of court proceedings. The Registry's judicial responsibilities cover the organisation of the hearings, the legal filings and archives, the operation of the legal aid programme for indigent defendants, the provision of assistance and protection to witnesses, and the management of the Detention Unit.
Together with the President, the Registrar carries out diplomatic functions. The Registrar is also in charge of all communications to and from the Tribunal.
Registrar: Hans Holthuis (Netherlands), since 1 January 2001.
Deputy Registrar: John Hocking (Australia), since 1 December 2004.
PROCEEDINGS:
  • Investigations are initiated by the Prosecutor at his own discretion or on the basis of information received from individuals, governments, international organisations or non-governmental organisations.
  • Indictments must be confirmed by a judge prior to becoming effective.
  • The trial commences only once the accused is physically present before the Tribunal. At the initial appearance of the accused, the Trial Chamber asks the accused to enter a plea of guilty or not guilty.
  • The conduct of the trial draws from both the civil law and common law systems: elements of the adversarial and inquisitorial procedures are combined.
  • The Rules of Procedure and Evidence guarantee that ICTY proceedings adhere to internationally recognised principles of fair trial. As an important guarantee of a fair trial, the legal aid programme provides counsel for indigent defendants at the expense of the Tribunal. Other important elements include the presumption of innocence, the right to be tried without undue delay, the right to examine adverse witnesses and the right of appeal.
  • Procedural provisions for the protection of witnesses' identities and the actual assistance provided before, during and after the proceedings by the Victims and Witnesses Section within the Registry ensure that witnesses can testify freely and safely.

 

CUSTODY AND SENTENCES:
  • Following their arrest and until the completion of the proceedings, the accused are held in the ICTY Setention Unit which is located in The Hague and managed by the Registry.
  • The maximum sentence that can be imposed on an accused is life imprisonment.
  • Sentences are served in one of the States that have signed an agreement with the United Nations to accept persons convicted by the ICTY. 

 

COOPERATION WITH THE ICTY:
Although judicially independent, the ICTY must rely on international cooperation in order to successfully carry out its mandate. Cooperation by States or international organisations is vital to the collection of evidence, as well as to the detention and transfer of accused persons. States also offer indispensable cooperation in the relocation of sensitive witnesses or the enforcement of sentences handed down by the Tribunal. Additionally, States can contribute personnel or financial resources through the Tribunal's Trust Fund.
 DEVELOPMENT:
Since its inception, the Tribunal has become a fully operational legal institution rendering judgements and setting important precedents of international criminal and humanitarian law. Many legal issues now adjudicated by the Tribunal have never actually been adjudicated or have lain dormant since the Nuremberg and Tokyo trials. 
 ICTY PERSONNEL:
As of 1 March 2008: 1146 staff members, 82 represented nationalities.
 REGULAR BUDGET: 
1993
1994
1995
1996
1997
1998
$276,000
$10,800,000
$25,300,000
$35,430,622
$48,587,000
$64,775,300
1999
2000
2001
2002 - 2003
2004-2005
2006-2007
$94,103,800
$95,942,600
$96,443,900
$223,169,800
$271,854,600
$276,474,100
 2008-2009
         
$310.952,100
         

Document prepared by the Communication Service. All ICTY key documents are available on: www.un.org/icy
International Criminal Tribunal for the former Yugoslavia, Churchillplein 1, 2517 The Hague, Netherlands