With the first indictments issued by the Tribunal in 1994-1995, it quickly became clear that there was no true willingness on the part of the states concerned to arrest the accused and transfer them to The Hague, especially with the war still ongoing.

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Under such circumstances, the Prosecutor at the time, Louise Arbour, introduced indictments and arrest warrants under seal, which were served only to the authorities capable or willing to conduct the arrests.

This innovation proved to be successful. Not only did it result in numerous arrests by the NATO–led forces, but the mere fact of its existence also led to a number of voluntary surrenders.

In 2000, the number of accused at large was 25.

A combination of the changed political circumstances in the region and substantial pressure from the international community in terms of full co-operation with the ICTY (which became a crucial pre-condition for joining Euro-Atlantic institutions) led to numerous voluntary or “forced” surrenders and arrests.

As of the end of 2008, two accused were still at large. Considering that they are both senior figures, charged with the most serious crimes within the ICTY’s jurisdiction, their arrest is crucial for the successful completion of the Tribunal’s mandate.

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