ICTY Key Figures


Update: 17 October 2003	Not an official document

ORIGIN:

The International Criminal Tribunal for the former Yugoslavia (ICTY) was established by Security Council resolution 827. This resolution was passed on 25 May 1993 in the face of the serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991, and as a response to the threat to international peace and security posed by those serious violations.

SEAT:

The ICTY is located in The Hague, The Netherlands.

OBJECTIVES:

In harmony with the purpose of its founding resolution, the ICTY's mission is fourfold:

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

to render justice to the victims

to deter further crimes

to contribute to the restoration of peace by promoting reconciliation in the former Yugoslavia.

JURISDICTION:

1. Subject-matter :
The Tribunal’s authority is to prosecute and try four clusters of offences:

Grave breaches of the 1949 Geneva Conventions.
Violations of the laws or customs of war.
Genocide.
Crimes against humanity.

2. Geographic and Temporal:
Any of the crimes as above listed, committed on the territory of the former Yugoslavia since 1991.

3. Personal :
Only over natural persons and not over organisations, political parties, administrative entities or other legal subjects.

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

CHAMBERS:

The Chambers consist of 16 permanent judges and a maximum at any one time of nine ad litem judges.

The 16 permanent judges are elected by the General Assembly of the United Nations 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 General Assembly of the United Nations for a term of four years, but they are not eligible for re-election. An ad litem judge can only serve at the ICTY following his/her appointment by the Secretary-General on the recommendation of the President of the Tribunal in order to sit on one or several specific trials for a period of up to three years.

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: Theodor Meron (United States of America)
Vice-President: Fausto Pocar (Italy)

Presiding Judges:
Richard George May (United Kingdom)
Carmel A. Agius (Malta)
Liu Daqun (China)

Judges:
Mohamed Shahabuddeen (Guyana)
Florence Ndepele Mwachande Mumba (Zambia)
David Anthony Hunt (Australia)
Patrick Lipton Robinson (Jamaica)
Mehmet Güney (Turkey)
Amin El Mahdi (Egypt)
Alphonsus Martinus Maria Orie (Netherlands)
Wolfgang Schomburg (Germany)
O-gon Kwon (South Korea)
Inés Mónica Weinberg de Roca (Argentina)
Jean-Claude Antonetti (France)

Ad Litem Judges:
Ivana Janu (Czech Republic)
Chikako Taya (Japan)
Sharon A. Williams (Canada)
Rafael Nieto-Navia (Colombia)
Volodymyr Vassylenko (Ukraine)
Per-Johan Viktor Lindholm (Finland)
Carmen Maria Argibay (Argentina)
Joaquín Martín Canivell (Spain)

(Please note that pursuant to Rule 27(C) of the Rules of Procedure and Evidence, the President may at any time temporarily assign a member of a Trial Chamber to another Chamber.)

ASSIGNMENT OF CHAMBERS:	JUDGES	CASES
Trial Chamber I	Liu Daqun (Presiding) Amin El Mahdi Alphons Orie	Rahim ADEMI (IT-01-46) Pasko LJUBICIC (IT-00-41) Ranko CESIC (IT-95-10/1) Radovan STANKOVIC (IT-96-23/2)
Section A	Liu Daqun (Presiding) Volodymyr Vassylenko Carmen Maria Argibay	Vidoje BLAGOJEVIC and Dragan JOKIC (IT-02-60) Momir NIKOLIC (IT-02-60/1) Dragan OBRENOVIC (IT-02-60/2) Ivica RAJIC (IT-95-12)
	Alphons Orie (Presiding) Amin El Mahdi Joaquín Martín Canivell	Momcilo KRAJISNIK (IT-00-39) Milan MARTIC (IT-95-11) Fatmir LIMAJ, Haradin BALA and Isak MUSLIU (IT-03-66) Darko MRDJA (IT-02-59) Pavle STRUGAR (IT-01-42) Miodrag JOKIC (IT-01-42)
Section B	Alphons Orie (Presiding) Amin El Mahdi Rafael Nieto-Navia	Stanislav GALIC (IT-98-29):

Trial Chamber II	Carmel A. Agius (Presiding) Florence Mumba Jean-Claude Antonetti	Dragan NIKOLIC (IT-94-2) Enver HADZIHASANOVIC and Amir KUBURA (IT-01-47) Mile MRKSIC, Miroslav RADIC and Veselin SLJIVANCANIN (IT-95-13/1) Miroslav DERONJIC (IT-02-61) Vojislav SESELJ (IT-03-67) Mitar RASEVIC (IT-97-25/1)
Section A	Carmel A. Agius (Presiding) Ivana Janu Chikako Taya	Radoslav BRDJANIN (IT-99-36)

Trial Chamber III
For all new cases

Richard May (Presiding)
Patrick Robinson
O-Gon Kwon

Zeljko MEAKIC, Momcilo GRUBAN, Dusko KNEZEVIC and Dusan FUSTAR (IT-02-65)

Predrag BANOVIC (IT-02-65/1) (Judge Robinson Presiding)

Slobodan MILOSEVIC ("Kosovo", "Croatia" and "Bosnia") (IT-02-54)

Milan MILUTINOVIC, Nikola SAINOVIC and Dragoljub OJDANIC (IT-99-37)

Sefer HALILOVIC (IT-01-48)

Naser ORIC (IT-03-68)

Jovica STANISIC and Franko SIMATOVIC (IT-03-69)

Appeals Chamber Theodor Meron (Presiding) Fausto Pocar Mohamed Shahabuddeen David Hunt Mehmet Güney Wolfgang Schomburg Inés Mónica Weinberg de Roca	Fausto Pocar (Presiding) Wolfgang Schomburg Florence Mumba Mehmet Güney Inés Mónica Weinberg de Roca	Tihomir BLASKIC (IT-95-14-A) Dario KORDIC and Mario CERKEZ (IT-95-14/2-A)
	Theodor Meron (Presiding) Fausto Pocar Wolfgang Schomburg Mohamed Shahabuddeen Mehmet Güney	Radislav KRSTIC (IT-98-33-A)
	Mohamed Shahabuddeen (Presiding) Fausto Pocar Wolfgang Schomburg Mehmet Güney Inés Mónica Weinberg de Roca	Miroslav KVOCKA, Mladjo RADIC, Zoran ZIGIC and Dragoljub PRCAC (IT-98-30/1-A)

	Theodor Meron (Presiding) Wolfgang Schomburg Mohamed Shahabuddeen Mehmet Güney Inés Mónica Weinberg de Roca	Mitar VASILJEVIC (IT-98-32-A)
	Fausto Pocar (Presiding) Wolfgang Schomburg Mohamed Shahabuddeen Mehmet Güney Inés Mónica Weinberg de Roca	Mladen NALETILIC and Vinko MARTINOVIC (IT-98-34-A)
	Theodor Meron (Presiding) Fausto Pocar Mohamed Shahabuddeen Mehmet Güney Inés Mónica Weinberg de Roca	Milomir STAKIC (IT-97-24-A)

OFFICE OF THE PROSECUTOR:

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: Carla Del Ponte (Switzerland), since 15 September 1999.

Deputy Prosecutor: Graham Blewitt (Australia), since 15 February 1994.

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.

PROCEEDINGS:

Investigations are initiated by the Prosecutor at her 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 on 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 Detention 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.
Examples of important legal decisions made by the ICTY include clarifications of the application of the Geneva Conventions, the further development of the command responsibility doctrine, and the interpretation of rape as a form of torture and a crime against humanity.

ICTY PERSONNEL:

As of May 2002: 1248 staff members from 82 countries.

REGULAR BUDGET:

1993	1994	1995	1996	1997	1998	1999	2000	2001	2002 - 2003
$276,000	$10,800,000	$25,300,000	$35,430,622	$48,587,000	$64,775,300	$94,103,800	$95,942,600	$96,443,900	$223,169,800