Establishment of ICTY – an example of disrespect for law and actual facts

Čolović, Vladimir (2013) Establishment of ICTY – an example of disrespect for law and actual facts. In: Establishment of ICTY : an example of disrespect for law and actual facts. Insitut za uporedno pravo, Beograd, pp. 120-139. ISBN 978-86-80059-86-0

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Abstract

The establishment of the ICTY is a consequence of the armed conflict in the territories of the former SFRY. The specificities that characterise this Tribunal require an analysis of its establishment, bearing in mind the political relations at the time of its establishment, and the specificities of its bodies and the regulations that were adopted as a part of this Tribunal. This paper discusses the circumstances that preceded the creation of the ICTY, and the role of the UN Secretary-General, and the Commission for Investigation of Violations of International Law in Former SFRY, whose Report on the conflict in the former SFRY served as a basis for the establishment of the Tribunal. In addition, the author draws attention to some issues related to the work of the ICTY’s bodies, the content of its Statute and some of its regulations, and the key issue, which is the qualification of the conflict in the former Yugoslavia, giving some initial elements for an assessment of the validity of the establishment of this Tribunal.

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