Index

1. Intro
2. The coflicts and the conflicted
3. The tribunal
4. The impact(sociological/economical/political) and the cases
5. Conclusion
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Objective
The Researcher is determined-
• To study and understand the proper meaning of ICTY
• To understand what went down in the Former Yugoslavia
• Impacts relating to socio-economic and political implications
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Research methodology
In this project, the researcher has relied on the ‘Doctrinal Method’, which is primarily based
upon books, journals, news, articles etc. A comprehensive study is made in order to arrive at
analytical & critical support of the arguments. The segments are structured and written
actively.
The writing style is descriptive as well as analytical. This project has been done after a
thorough
research based upon intrinsic and extrinsic aspect of the assigned topic.
Advanced Google search engine was used for the secondary analysis on available materials
for review. The search terms used were “”, etc. 65 documents identified through the search
were refined for use as per the process. Data thus collected was analysed and interpreted to
give the findings based on understanding of the data reviewed.
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The Introduction
The International Criminal Tribunal for the Former Yugoslavia (ICTY) was set up in 1993 by
United Nations Security Council Resolution 827. The ICTY is approved to indict people
liable for grave breaches of the 1949 Geneva Conventions, infringement of the laws of war,
destruction, genocide, and violations and crimes against humankind. The ICTY can just hear
cases concerning violations submitted on the domain of the former Yugoslavia since 1991.
This paper will initially address a few subjects and issues of a recorded, logical and socio-
political nature which affect the modus operendi of the ICTY. Among these topics and issues
in the discernment that bigotry and racial segregation are drilled somewhere else by others.
Connected with this insight are the thoughts of denial and affirmation. Further, consideration
will be paid to the reducing part of the State in these long periods of expanding privatization
and dependence of the market economy.
Since the passing of Yugoslav President Josip Broz Tito in 1980 and the fall of Communism
in the in mid 1990s, Yugoslavia turned out to be progressively precarious strategically and
socially. The subsequent ten-year struggle cost an expected 300,000 lives and was proclaimed
the main authority decimation since World War II. Since the separation of the previous
Yugoslavia, six replacement states have been framed: Bosnia and Herzegovina, Croatia,
Republic of Macedonia, Serbia and Montenegro, and Slovenia.
The Yugoslav clash was a progression of progressive wars that included intra-state common
battling and outside NATO mediation. In June 1991, Slovenia and Croatia pronounced
autonomy from Yugoslavia. Following a short 10-day war, Slovenia prevailing with regards
to getting free. Croatia had a more troublesome street to autonomy. The Yugoslav
government, driven by Serb pioneer Slobodan Milošević sent military powers to thwart
Croatia’s endeavors at autonomy. The subsequent war kept going from 1991 to 1995.
In January 1992, Bosnia-Herzegovina and Macedonia similarly pronounced freedom. The
subsequent war in Bosnia (1992-1995) was probably the deadliest time of the contention.
Serb powers lead missions of ethnic purifying against Moslem Bosniaks, with the most
exceedingly terrible slaughter happening in July 1995 in Srebrenica. The NATO besieging
and the Dayton Agreement endorsed in 1995 finished the war in Bosnia.
The following territory of contention focused on Kosovo, a region truly incorporated into
Serbia. The Albanian minority in Kosovo looked for self-sufficiency or freedom. Milošević
and the Slav government reacted with military power and NATO interceded to end the
contention. In 2001, there were more limited size clashes in Macedonia and in southern
Serbia.
All sides in the Yugoslav clash were answerable for various violations, including slaughter,
ethnic purifying, and mass assault. In April 2001, Milošević was captured and removed to the
ICTY; he is prosecuted on violations of destruction in Bosnia and war wrongdoings in
Croatia and Kosovo. The preliminary of Milošević and others keeps on being held in The
Hague.
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The Conflicts and The Conflicted
Toward the start of the 1990s, the Socialist Federal Republic of Yugoslavia was one of the
biggest, immensely developed and a diversity of nations in the Balkans. It was an nonaligned
organization contained six republics: Bosnia and Herzegovina, Croatia, Macedonia,
Montenegro, Serbia and Slovenia. Notwithstanding the six republics, the two separate
provinces of Kosovo and Vojvodina held the status of self-governing territories inside the
Republic of Serbia. Yugoslavia was a blend of ethnic gatherings and religions, with Orthodox
Christianity, Catholicism and Islam being the fundamental religions.
Corresponding with the breakdown of socialism and resurgent patriotism in Eastern Europe
during the last part of the 1980s and mid 1990s, Yugoslavia encountered a time of
extraordinary political and financial emergency. Focal government debilitated while military
patriotism developed apace. There was an expansion of ideological political groups who, on
one side, who spoke about autonomy of republics and, on the other, asked more noteworthy
powers for specific republics inside the alliance.
Political pioneers utilized patriot way of talking to dissolve a typical Yugoslav character and
fuel dread and question among various ethnic gatherings. By 1991, the separation of the
nation lingered with Slovenia and Croatia accusing Serbia of unjustifiably overwhelming
Yugoslavia's administration, military and funds. Serbia thus blamed the two republics for
dissent.
Slovenia - 1991
The first of the six republics to officially leave Yugoslavia was Slovenia, announcing
autonomy on 25 June 1991. This set off an intercession of the Yugoslav People's Army
(JNA) which transformed into a short military clash, by and large alluded to as the Ten-Day
War. It finished in a triumph of the Slovenian powers, with the JNA pulling out its officers
and gear.
Croatia - 1991-1995
Croatia proclaimed freedom around the same time as Slovenia. However, while Slovenia's
withdrawal from the Yugoslav Federation was nearly bloodless, Croatia's was not to be. The
sizeable ethnic Serb minority in Croatia transparently dismissed the authority of the recently
declared Croatian state referring to one side to stay inside Yugoslavia. With the assistance of
the JNA and Serbia, Croatian Serbs revolted, announcing almost 33% of Croatia's domain
heavily influenced by them to be a free Serb state. Croats and other non-Serbs were removed
from its region in a fierce mission of ethnic purging. Weighty battling in the second 50% of
1991 saw the shelling of the old city of Dubrovnik, and the attack and annihilation of
Vukovar by Serb powers.
Regardless of the UN-checked truce which came into power in mid 1992, Croatian
authoritative forces were resolved to declare authority over their region, and utilized its assets
to create and prepare its military. In the late spring of 1995, the Croatian military attempted
two significant offensives to recapture everything except a pocket of its domain known as
Eastern Slavonia. In a significant mass migration, a huge number of Serbs fled the Croatian
development to Serb-held regions in Bosnia and Herzegovina and further to Serbia. The war
in Croatia viably finished in the fall of 1995. Croatia at last re-attested its power over the
whole domain, with Eastern Slavonia returning to its standard in January 1998 after a quiet
change under UN-organization.
Bosnia-1992
It is assessed that in excess of 100,000 individuals were killed and 2,000,000 individuals, the
greater part the populace, had to escape their homes because of the war that seethed from
April 1992 through to November 1995 when a harmony bargain was initialled in Dayton. A
great many Bosnian ladies were methodically sexually assaulted. Infamous detainment places
for regular folks were set up by every single clashing side: in Prijedor, Omarska, Konjic,
Dretelj and different areas. The single most exceedingly terrible abomination of the war
happened in the late spring of 1995 when the Bosnian town of Srebrenica, an UN-proclaimed
safe region, went under assault by powers lead by the Bosnian Serb officer Ratko Mladić.
During a couple of days toward the beginning of July, in excess of 8,000 Bosnian Muslim
men and young men were executed by Serb powers in a demonstration of massacre. The
remainder of the town's ladies and kids were driven out.
In Bosnia and Herzegovina, the contention was to be the deadliest of all in the crumbling
Yugoslav Federation. This focal Yugoslav republic had a shared government mirroring the
blended ethnic gathering in with the populace comprised of around 43 percent Bosnian
Muslims, 33 percent Bosnian Serbs, 17 percent Bosnian Croats and about seven percent of
different identities. The republic's essential position made it subject to both Serbia and
Croatia endeavouring to affirm predominance over enormous pieces of its region. Truth be
told, the heads of Croatia and Serbia had in 1991 previously met in a mystery meeting where
they consented to split Bosnia and Herzegovina, leaving a little territory for Muslims.
The Former Yugoslav Republic of Macedonia - 2001
The southernmost republic of the Yugoslav Federation, Macedonia, announced autonomy in
the fall of 1991 and power was transitioned in a quiet division. It was subsequently admitted
to the UN under the brief name of the Former Yugoslav Republic of Macedonia (FYROM).
The Former Yugoslav Republic of Macedonia, populated by a dominant part of ethnic
Macedonians and an enormous Albanian minority, stayed settled through the Yugoslav wars
of the mid-1990s. In any case, toward the start of January 2001 the ethnic Albanian National
Liberation Army (NLA) assailant bunch conflicted with the republic's security powers with
the point of getting self-governance or autonomy for the Albanian-populated territories in the
country. Irregular equipped clash went on for a while in 2001, finishing with a harmony
bargain which conceived a political concession to control sharing, the demilitarization of the
Albanian local army and the organization of a NATO checking power.
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THE TRIBUNAL
The ICTY was set up in 1993 as an impermanent establishment, for the particular reason for
researching wrongdoings committed during the wars in the former Yugoslavia and arraigning
those responsible. This was done when the homegrown legal frameworks in the previous
Yugoslavia couldn't or willing to do so themselves.
By 2003, ten years after its foundation, the Tribunal was working at full limit while the
different public legal frameworks in the area exhibited fluctuating levels of purpose to
improve their capacity to deal with war-crimes suits. Thus, the Tribunal's adjudicators
stepped up of conceiving an arrangement which got known as the 'consummation system'. Its
motivation is to ensure that the Tribunal finishes up its central goal effectively, in a
convenient path and in a joint effort with homegrown legal frameworks in the previous
Yugoslavia.
The order of the Tribunal is to deal with those liable for genuine infringement of international
compassionate law submitted in the former Yugoslavia since 1991 and consequently add to
the reclamation and support of harmony in the area.
As per its Statute, the ICTY has locale over the domain of the former Yugoslavia from 1991
onwards. It has ward over individual people and not associations, ideological groups, armed
force units, regulatory substances or other legal subjects.
Albeit the ICTY and public courts have simultaneous ward over genuine infringement of
international compassionate law submitted in the former Yugoslavia, the ICTY can guarantee
supremacy and may assume control over public examinations and procedures at any stage if
this ends up being in light of a legitimate concern for international equity. It can likewise
allude its cases to capable public experts in the former Yugoslavia.
The Tribunal has power to arraign and give people a shot four classifications of offenses:
grave breaks of the 1949 Geneva conventions, infringement of the laws or customs of war,
destruction and violations against humankind. The ICTY has no power to indict states for
hostility or wrongdoings against harmony; these violations are inside the locale of The
International Court of Justice.
Compliant with Article 1 of the ICTY Statute, the Tribunal has ward over people answerable
for genuine infringement of international philanthropic law submitted in the region of the
former Yugoslavia since 1991. The ICTY Statute additionally states that the authority
position of a denounced, regardless of whether as Head of State or Government or as a
mindful Government official, doesn't soothe him of criminal duty nor moderate discipline.
Articles 2 to 5 of the Statute recognize four distinct classes of violations namely,
1. Grave Breaches of the Geneva Conventions of 1949,
2. Violations of the laws or customs of war,
3. Crimes against humanity,
4. Genocide.
for which the Tribunal has ward. Critically, Article 7 gives that an individual who arranged,
prompted, requested, perpetrated or in any case supported and abetted in the arranging,
readiness or execution of a wrongdoing alluded to in Articles 2 to 5 will be separately
answerable for the wrongdoing.
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The Impact and Cases
Being a witness to the violent crimes to have befallen in the bloody parts of the Former
Yugoslavia comes with an impact of their lives and the lives of entire communities and
consequently, the lives of the entire democratic nations. It was an event of their lives which
can only be described as pure trauma.
Their lives are affected in ways such as:
1. Economic impact-
Witnesses likewise experienced unfavourable financial results since they affirmed at
the ICTY (Clark 2014; Stover 2005). armed clashes can obliterate economies and
monetary recuperation in the aftermath might be moderate, which can additionally
restrict monetary freedoms (Blattman and Miguel 2010; Kondylis 2010).
Accordingly, it was significant for this study to assume the peoples affected about
their monetary misfortunes corresponding to their testimony, which may incorporate
loss of pay and other business openings, government limits on pay and the obliteration
of resources.
During the crisis, economic insecurity ranged from deprivation of government
benefits to lost income, to losses of property and loss of opportunities for additional
income and agrarian assets. Post the crisis, financial losses began to include out-of-
pocket expenses to cover costs and travel plans being re-scheduled because of the
ICTY.

2. Social impact-
Aside from the blatant social impacts in a genocides, torture and other crimes against
humanity, out which all are subjected in the crisis people have reported direct impacts
in income as they are affected in their jobs(even today) for having to do anything with
the trials, along housing opportunities such as moving to a safer place, being accepted
by surrounding community these parts of lives of people were affect as well.
Many an instance, witnesses were given threats ranging from verbal/physical threats
after testimony to both the witness and their families contacted and asked not to
testify

3. Political Impact-
Due to the crisis, the tribunal members themselves were pressured, the prosecutors
office of the ICTY went face to face constantly with guilty parties refusing to
cooperate, and because they’ve placed themselves as top ranking generals, many of
the informant information was either false or at the cost of human lives. To deal with
this the ICTY established within it the Protection Unit and its associated functions
were closely aligned to the workings of that of national witness protection programs.
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The Solution Conclusions
One specific way the ICTY had dealt to enhance the safety and security of those testifying is
by providing in-court protective measures, such as use of a pseudonym, redaction of the
witness’ name and identifying information, voice distortion, facial distortion, closed session
testimony through one-way close-circuit TVs
 1. Pseudonym: code used instead of the witness’ real name and redaction of the witness’
name and identifying information from all public court documents - all identifying
information may be sealed or excluded;
2. voice distortion: altering the sound of witness’ voice; facial distortion: altering or
pixelating the image of the witness’ appearance;
3. closed session: the witness gives evidence in a court session closed to the public (in
camera) with only the judges, lawyers, the accused, and court officials present in the
courtroom and transcripts remain under seal;
4. giving evidence by one-way closed-circuit TV: In this case the witness does not see
the accused as the evidence is given in a separate room. The witness is able to hear
what is going on in the courtroom and the judges are able to see the witness on the
monitors on their desks.
As the quantity of trials expanded and more observers ventured out to The Hague to testify,
the ICTY staff had more noteworthy openness to the wartime encounters and the connected
agony and enduring of numerous casualties and witnesses. In the Support Unit, awareness
developed that staff were ceaselessly and seriously presented to war-influenced people and
their accounts, and the staff developed to require help and questioning. “Occupational”
related pressure in the feverish climate with various war wrongdoings preliminaries running
every day brought about sympathy stress because of regularly serious and delayed openness
to optional injury, which made staff defenceless to the improvement of “Compassion
Fatigue”(Charles R. Figley coined the term ‘compassion fatigue’ and began to plead for
recognition of this occupational risk and to raise awareness of the importance of
institutional prevention programs (Figley 1995)).
The idea of secondary traumatic stress disorder (or sympathy weariness) in hierarchical
settings began to get more consideration in the last part of the 1990s. Openness to the account
of awful occasions and the enduring can step by step and inadvertently influence the adapting
abilities of the staff in question. Supporting the staff who offer indispensable help to the war-
influenced people is a basic essential for guaranteeing quality administrations to observers
just as staff prosperity and the counteraction of empathy weariness, wear out and different
conditions.
The VWS (Victims and Witnesses Section) presented an avoidance program through mental
instruction and social help components including staff gatherings about the passionate effect
of working with damaged witnesses, and introductions on empathic capacities and reactions,
with an emphasis on the dangers related with over-and under-commitment. Openings for
questioning were made and group building exercises energized.
Through these established units of the ICTY, it was and still is able to do its job, being
bringing justice to the once extremely troubled region of the Former Yugoslavia.