[ALBSA-Info] Judging War Crimes

[Gazhebo at aol.com]

The International Criminal Tribunal

What is the International Criminal Tribunal for the Former Yugoslavia?

The tribunal has the power to prosecute people for serious violations of 
international humanitarian law committed in the territory of the former 
Yugoslavia since 1991. Cases are tried at The Hague in the Netherlands.

What kind of cases does the tribunal hear? 

Crimes involving grave breaches of the Geneva Conventions of Aug. 12, 1949. 
These breaches include wilful killing; torture or inhuman treatment, 
including biological experiments; wilfully causing great suffering or serious 
injury to body or health; extensive destruction and appropriation of 
property, not justified by military necessity and carried out unlawfully and 
wantonly; compelling a prisoner of war or a civilian to serve in the forces 
of a hostile power; wilfully depriving a prisoner of war or a civilian of the 
rights of fair and regular trial; unlawful deportation or transfer or 
unlawful confinement of a civilian; taking civilians as hostages.

Who selects the judges?

The U.N. General Assembly elects 14 judges to the tribunal. The judges are 
elected to four year terms and can be re-elected. Three judges serve in each 
of the three trial chambers; five judges serve in the appeals chamber. Judges 
rotate on a regular basis between the trial chambers and the appeals chamber. 

Who selects the prosecutor?

The U.N. Security Council. The prosecutor serves a four-year term and is 
eligible for reappointment. 

What kind of penalties can the tribunal impose?

By a majority decision, the tribunal can send someone to prison and order the 
return of any property and proceeds acquired by criminal conduct to their 
rightful owners. Imprisonment is served in a state designated by the tribunal 
from a list of states that have indicated to the Security Council their 
willingness to accept convicted people.

Can the decision be appealed? 

Yes. The tribunal's appeal chamber may affirm, reverse or revise the 
decisions taken by the trial judges.