A Conference of the International Criminal Tribunal for the former Yugoslavia
Co-organised and co-sponsored by
the Government of the Netherlands and
the Sanela Diana Jenkins Human Rights Project at UCLA School of Law
The idea to hold a conference “Assessing the Legacy of the ICTY” was inspired by broader UN efforts to coordinate rule of law activities under the leadership of the Deputy Secretary-General(1), and by scholars, policy analysts, and other stakeholders interested in continuing to advance justice at both the international and national levels. The Conference provided a platform for the Tribunal and relevant stakeholders to share their respective views of the Tribunal’s legacy and their respective visions of how best to utilise its legal and institutional legacies; to exchange information about the legacy work that is being carried out by the Tribunal, other UN and international organisations, national governments and courts, non-governmental organisations and scholars; and to promote coordination and cooperation among entities in order to strengthen efforts in achieving common goals through use of the Tribunal’s legacy.
The Tribunal’s legacy may be conceptualised broadly as “that which the Tribunal will hand down to successors and others,” including:
- The factual findings on the crimes that occurred and the responsibility of the accused for those crimes.
- The legal legacy of the Tribunal, including its rules of procedure and evidence; practices of the Tribunal, the Office of the Prosecutor, and the Registrar; and - perhaps most significantly - its judgements and decisions, which define the legal elements of crimes that must be established beyond reasonable doubt to establish the responsibility of the accused. These judgements, decisions and practices represent a contribution to the development of substantive and procedural international humanitarian law and international criminal law.
- The records of the Tribunal, including audiovisual recordings of the proceedings, transcripts and the evidence admitted into its cases, and collections of material gathered in the course of investigations. Combined, this material, some of it confidential, will constitute the archive of the Tribunal’s work.
- The institutional legacy of the Tribunal, including its contribution to the creation of other international and hybrid criminal courts, particularly the development of the local judiciaries in the former Yugoslavia and their capacity to hold fair and effective war crimes proceedings.
- The Tribunal’s regional legacy, promoting the rule of law in the former Yugoslavia and contributing to peace and stability in that region. Coupled with this impact is the Tribunal’s contribution to the national prosecution process and generally to providing a sense of justice to victims of the crimes committed during the wars in the former Yugoslavia, as well as to the local communities and the society at large.
- The international community’s normative legacy, expressed through its support for creation and operation of the Tribunal, staking humanity’s claim to justice and increasing awareness of the struggle against impunity for serious crimes under international law.
- In addition to these various aspects of the Tribunal’s legacy, the mechanism by which the work of the Tribunal is to be continued and preserved for posterity has also to be considered.
The Tribunal’s strategy for establishing and ensuring utilisation of its legacy by the countries of the former Yugoslavia has been actively pursued over the last few years and has comprised two elements: first, assisting in building the capacity of courts in the region to carry on the work of the Tribunal long after the Tribunal closes: and second, ensuring that courts in the region have access to relevant materials from the Tribunal in a useable form. But development of the Tribunal’s broader legacy remains in its infancy, and the Conference played an important role in the development of an overall strategy to build upon and utilise effectively the legal and institutional advancements that have resulted from the Tribunal’s work. In this regard, the Conference provided a platform for the countries of the former Yugoslavia, the Host Country, the broader international community, key international organisations and stakeholders, and international law scholars to share ideas about their vision of the Tribunal’s broader legacy.
II. Legacy Elements and Initiatives
A. Strengthening of the National Jurisdictions and Accessibility of the Records are the Main Elements of the Tribunal’s Legacy Strategy in Relation to the former Yugoslavia
The main impetus for the Security Council’s establishment of the Tribunal pursuant to Chapter VII of the United Nations Charter was the Security Council’s conviction that the prosecution of those most responsible for the commission of atrocities during the conflicts would contribute to the restoration of peace and security in the former Yugoslavia. Ten years later, following the Security Council’s endorsement of the Tribunal’s Completion Strategy, the Tribunal was mandated, along with the international community, to support the strengthening of the national judiciaries in the former Yugoslavia. The ICTY’s legacy strategy in relation to the former Yugoslavia is based on the principle that the Tribunal has a responsibility to the international community and the States of the former Yugoslavia to ensure continuation of its work at the national level consistent with the objectives of its establishment.(2)
While recognising the primacy of the ICTY over national courts, a central part of the legacy strategy is a collegial partnership with the judiciaries in the former Yugoslavia. If the local judiciaries are to have the capacity to continue the work begun by the Tribunal, the judges, prosecutors and lawyers in the national systems must have access to the Tribunal’s records as well as tools to locate and understand the documents that are relevant to them. They must also possess the necessary human resources and education to facilitate their adjudication of war crimes, crimes against humanity and genocide.
These ideas are by no means new; the Tribunal has been assisting national judiciaries for many years and has been participating in various educational programmes aimed at increasing the awareness and capacity of lawyers in the former Yugoslavia since the first Outreach Symposium in 1998. With the introduction of the Outreach Programme a year later, the Tribunal started actively making its judgements and proceedings accessible to interested groups in the affected countries. Over the years, ICTY staff have participated in numerous conferences and training seminars in the region on international humanitarian and criminal law. More recently, other forms of knowledge transfer have also been employed, such as internship programmes for students from the region, working visits, judges’ roundtables and tailored training courses, e.g., for court police or witness support staff.
B. Structural and Legal Reforms in the Region
The ICTY’s Completion Strategy was a catalyst for structural and legal reforms in the region. By endorsing the Completion Strategy,(3) the Security Council signalled that it was time to begin the transition of responsibility for outstanding war crimes cases to the domestic justice systems, and the Council asked the donor community to assist in providing support for that purpose. One of the most visible outcomes was the creation of specialised sections for international crimes in the State Court and Prosecutor’s Office of Bosnia and Herzegovina (BiH) and accompanying legal reforms. Similar reforms were undertaken elsewhere in the region, notably the establishment of the Belgrade War Crimes Chamber and the Serbian War Crimes Prosecutor’s Office.
The establishment of the specialised chambers and prosecutors offices, as well as the Criminal Defence Section in Bosnia and Herzegovina (4), provided the ICTY and various international agencies with clearly identified counterparts which facilitated the efforts to build the capacity for domestic war crimes proceedings in the region. The Conference will provide an opportunity for organisations involved in capacity building projects in the former Yugoslavia and national jurisdictions, the subject of such initiatives, to share their experiences and vision of the Tribunal’s legacy in the future.
C. Referral of Cases and Transfer of Investigative Material
The process of referral of cases under the Completion Strategy served to deepen the Tribunal’s relationship with domestic courts in the former Yugoslavia. The ICTY’s Completion Strategy was a catalyst for structural and legal reforms in the region. By endorsing the Completion Strategy, the Security Council signalled that it was time to begin the transition of responsibility for outstanding war crimes cases to the domestic justice systems, and the Council asked the donor community to assist in providing support for that purpose. One of the most visible outcomes was the creation of specialised sections for international crimes in the State Court and Prosecutor’s Office of Bosnia and Herzegovina (BiH) and accompanying legal reforms. Similar reforms were undertaken elsewhere in the region, notably the establishment of the Belgrade War Crimes Chamber and the Serbian War Crimes Prosecutor’s Office. All organs of the Tribunal faced a growing workload in dealing with requests for assistance from national courts and prosecutor’s offices. To facilitate the processing of requests for access to confidential materials, the Judges adopted a new rule(5) enabling a court or the parties in another jurisdiction to petition the Tribunal for the rescission, variation, or augmentation of protective measures. The Prosecutor formed a dedicated transition team to administer the transfer of cases and investigative files to national jurisdictions, which involved the preparation of voluminous amounts of evidence. The Registry devised procedures for providing certified copies of case records. In total, the Tribunal referred eight cases involving thirteen accused who had already been indicted by it to the jurisdictions in the former Yugoslavia, and no more such cases are contemplated for referral.
In parallel with the referral of cases involving indictments issued by the ICTY, the Tribunal’s Prosecutor has reviewed and compiled investigative material concerning a number of crime sites and suspects for transfer to the State Prosecutor’s Office of Bosnia and Herzegovina, the State Attorney’s Office in Croatia as well as the War Crimes Prosecutor’s Office in Serbia. That process will be finalised by the end of 2009. After the local authorities review and assess the transferred material, the Office of the Prosecutor provides extensive follow-up assistance. The Office of the Prosecutor supports national prosecution efforts also by facilitating access to investigative material and evidence available in The Hague. The number and complexity of incoming requests for assistance continues to grow, and the demand for access to the collections of evidence held by the Tribunal is expected to remain substantial for the foreseeable future.
D. Engaging with Civil Society through the Tribunal’s Outreach Programme
Civil society is a stakeholder in the Tribunal’s legacy. While the trials at the Tribunal focus on establishing the guilt or innocence of the accused, the Tribunal’s proceedings do have a wider context. Societies and communities are the ultimate beneficiaries of the Tribunal’s work, and nongovernmental organisations such as human rights groups and victim associations have traditionally been among the most vocal commentators and closest followers of the Tribunal’s work. The framework of transitional justice connects war crimes trials to other concepts and processes such as reconciliation, peace-building and “facing the past”. Indeed, the Security Council, when establishing the Tribunal, expressed its conviction that the prosecution of persons responsible for serious violations would contribute to the restoration and maintenance of peace.(6) This was a central factor behind the establishment of the Tribunal’s Outreach Programme, which was launched during the presidency of Gabrielle Kirk McDonald.
During the last ten years, the Tribunal’s Outreach Office has assisted the public of the region and the communities affected by the crimes to access and understand the Tribunal’s proceedings. Outreach has ensured the translation and dissemination of fact sheets about the Tribunal’s cases and Tribunal Officers have participated in TV and radio programmes. Outreach was also instrumental in the development of Bridging the Gap conferences, which brought senior ICTY staff to the municipalities where the crimes took place to explain the Tribunal’s investigations and trials to victim groups and local communities.
A variety of issues related to the atrocities committed during the conflicts in the former Yugoslavia continue to play a role in public discourse and post-conflict development of the societies and communities in the region, and this makes them strong stakeholders in the ICTY’s legacy. Their effective access to the Tribunal’s findings and records must be ensured. The Conference will provide an opportunity for civil society to present its ideas on utilisation of the legacy of the Tribunal and to discuss related goals and activities.
While specific assistance is provided to national jurisdictions on the basis of their requests, the Tribunal’s website is the primary tool for providing wide access to the Tribunal’s cases and records. The website was comprehensively overhauled in 2008, and several new features were introduced, including complete multilingualism in English, French and B/C/S (plus selected materials in Albanian and Macedonian), as well as a fresh look and a clear structure.
One of the most important new features is online access to the ICTY Court Records (ICR), which is based on the Tribunal’s internal judicial database (JDB). The ICR contains all public documents from the Tribunal’s cases, ranging from judgements, decisions and legal submissions to transcripts and exhibits in all available languages. The ICR’s online availability is a huge step forward in providing comprehensive access to the Tribunal’s case records, and it is an important research tool for lawyers, students, researchers and other interested members of the public. Other key elements of the website include a webcast of all proceedings, an interactive map of crime sites, case summaries, fact sheets and news archives.
From a legacy perspective it is essential to ensure long-term maintenance of the website after the Tribunal’s closure.
E. The Residual Mechanism(s)
The shape of the Tribunal’s legacy is in part connected to the work of the Security Council Informal Working Group on the International Tribunals on setting up the residual mechanism(s) for the ICTY and the International Criminal Tribunal for Rwanda (ICTR). The residual mechanism(s) will continue to conduct a limited number of key tasks after the Tribunals’ closure. The decisions that are to be taken by the Security Council on important questions such as the functions to be retained by the residual mechanism(s), the location of the residual mechanism(s) and the location of and access to the archives will all impact the lasting impression left by the Tribunal.
On 21 May 2009, the Secretary-General, pursuant to the Security Council presidential statement of 19 December 2008,(7) published his Report on the administrative and budgetary aspects of the options for possible locations for the archives of the ICTY and the ICTR and the seat of the residual mechanism(s) for the Tribunals(8). The 60-page Report provides information on the tasks and options at hand to assist the Council in making decisions on the substantive issues. It identifies the key areas where it falls to the Security Council to make decisions and provides recommendations to the Security Council for further action. On 8 October 2009, the Secretary-General advised the Tribunal of the Security Council’s endorsement of the Report’s recommendations to the Tribunal that it carry out various tasks as part of its completion strategy and until its closure.(9)
The Tribunal was consulted extensively by the UN Secretariat in the preparation of the Secretary- General’s Report, but as long as important political questions remain unanswered by the Security Council, the impact that the residual mechanism(s) will have on the Tribunal’s legacy cannot be accurately gauged. If the residual mechanism(s) are to be supportive of the Tribunal’s broader legacy goals, it is imperative that it guarantee widest access to the Tribunal’s public and, where possible, confidential materials to local judiciaries. It is equally important that the residual mechanism(s) be adequate to protect the long-term integrity of the Tribunal’s work with provision for continued witness protection, monitoring and enforcement of sentences, trials of fugitives and prosecution of contempt cases.
F. Archives of the Tribunal and their Future Location and Management
The Tribunal’s records may be divided into three main categories: (a) judicial records related to the cases; (b) records which are not part of the judicial records stricto sensu but are generated in connection with the judicial process; and (c) administrative records.(10) During 16 years of operation, the Tribunal has accumulated a massive number of documents and materials as well as digital records through its investigations and trials.
The most important part of the archives for the national jurisdictions is the documents, including witness statements and other evidence that may be of use to domestic investigations and trials. In this respect, there is an important distinction between the case records, of which the Registry is the custodian, and materials held by the Office of the Prosecutor, which have not been used in any of the proceedings.
The Tribunal has long been assisting national jurisdictions by providing them access to the Tribunal’s records, as discussed earlier in relation to the referral of cases and the transfer of investigative material. During the consultations in regard to the future location and management of the archives, the Tribunal has consistently stressed the importance of ensuring that the national jurisdictions be provided the widest possible access to the archives for the purpose of national proceedings and to ensure that the Tribunal’s proceedings are transparent to the wider community.
The Security Council will make the ultimate decision on the future location and management of the archives. In his Report, the Secretary-General advises the Security Council to co-locate the archives with the residual mechanism(s) and suggests that the residual mechanism(s) and archives should be located close to the affected countries.(11)
G. Current Work on the Review, Organisation and Preservation of the Archives
Following the Secretary-General’s Report, the Tribunal has intensified its efforts to prepare the Tribunal’s archives for migration to the institution that is designated to receive them after the Tribunal’s closure. The Tribunal has implemented a plan to review case records cohesively to determine if confidentiality can be lifted on materials protected during the trial proceedings. A pilot review of the first case is underway. The review of all cases will be a large undertaking that will increase the workload for several sections of the Registry but also for the Chambers, as variation of protective measures will require orders to be issued by a Judge or a Chamber.
In conjunction with UN Archives and Records Management Section (UN ARMS) and the Joint Tribunals Archival Strategy Working Group, the Tribunal is developing a records retention policy and has begun a comprehensive review of the several different retention schedule recommendations within the ICTY to ensure consistency. A procedure for identifying the hard-copy materials to be included in the transfer for long-term preservation is being developed.
The ICTY archive contains a vast amount of audiovisual material, notably audio and video recordings submitted as evidence (e.g. TV news reports or intercepted phone calls) and the audiovisual recordings of the Tribunal’s courtroom proceedings. Both types of material are of interest to the public, for the purposes of domestic proceedings and as a record of the Tribunal’s work. A project involving the digitisation of the Tribunal’s audio visual recordings of courtroom proceedings started at the end of 2009. Methods for making the audio visual records available to the national jurisdictions and the public at large will be developed.
H. Feasibility Study on Setting up ICTY Information Centres in the Region
One of the recommendations of the Secretary-General’s Report of 21 May 2009, endorsed by the Security Council, is that the Tribunal examine the feasibility of establishing information centres in the affected countries to give access to copies of the public records or the most important parts. Between 19 October – 3 November 2009, the Head of Chambers, mandated by the ICTY President, conducted a mission to the region of the former Yugoslavia for this purpose. She met with officials and representatives of civil society in Sarajevo, Banja Luka, Zagreb, Belgrade, Podgorica, Pristina and Skopje.
The general response to the idea of establishing information centres in the region was positive. Most interlocutors made clear their view that they would expect such centres to contain a full set of certified ICTY public records. In order to ensure that access to that information is made available to the general public they perceived a need for special assistance to be provided in accessing the information contained in the public records. While conscious of the sensitivity of the matter, a number of interlocutors also recommended that information centres play an outreach role, organising presentations and debates, and developing materials that could be used both by officials and NGOs for educational purposes etc.
Several local institutions expressed interest in playing a role in setting up information centres, and most persons consulted were of the view that the centres should be state supported, with civil society participation. A number of interlocutors also proposed that information centres be established under the UN umbrella. The idea of establishing a main centre in each of the countries with a capacity to reach out to specific locations was favoured. Potential obstacles to the establishment of the information centres identified by those consulted included difficulty in guaranteeing their sustainability due to the political and economic situation in the region, lack of trust within the population towards the ICTY and possible misuse of the centres to serve political agendas.
I. Partnerships with Other Organisations
The Tribunal has very limited resources – and practically no funds whatsoever – that it can use for legacy projects as it must focus its resources on the timely completion of its core business, trial and appeals proceedings. This is also why the ICTY traditionally has not been the lead agency organising educational programmes, but has instead provided its expertise to national authorities(12), development assistance agencies(13) and NGOs(14). Following the same logic, a key principle of the legacy strategy is to engage in partnerships with other organisations that can provide resources towards the organisation, administration and funding of capacity building projects using the Tribunal’s expertise. This allows the Tribunal to maximise the benefits to the countries and communities affected by the crimes, thereby serving the international community’s purposes in setting up the Tribunal.
J. ODIHR-ICTY-UNICRI Report on the Needs of the Judiciary in the Region
In September 2009, the ICTY, the Organisation for Security and Cooperation in Europe (OSCE) – including its Office for Democratic Institutions and Human Rights (ODIHR) – and the United Nations Interregional Crime and Justice Research Institute (UNICRI) issued a joint report, which identifies the outstanding needs of judiciaries in the former Yugoslavia with respect to war crimes proceedings, as well as the effectiveness of the capacity building efforts conducted so far. The 68-page report, entitled “Supporting the Transition Process: Lessons Learned and Best Practices in Knowledge Transfer”, was a product of a year-long collaboration among the three organisations, started during the presidency of Judge Pocar as one of his legacy initiatives.
The report examines seven distinct areas that are essential for war crimes proceedings in the region: knowledge and application of international criminal and humanitarian law in the domestic legal context, investigation and analysis, prosecution, defence, trial and appellate adjudication, outreach and victim/witness support. The recommendations of the report are intended to assist the activities of local authorities in the former Yugoslavia as well as international organisations supporting the capacity building process.
During extensive consultations with local counterparts in the research phase, a number of priorities were identified for future action such as the production of transcripts from the ICTY’s trials in the languages of the region15, support to national training institutions16 and development of witness support services, to name a few. A link to a PDF version of the report can be found on the ICTY website.(17) The ICTY, ODIHR and UNICRI are hoping to secure funds from the European Union in order to implement the central recommendations of the report.
The Conference was an opportunity to discuss the findings of the report and the coordination of efforts by different agencies in order to provide the best possible support for further development of the national justice systems in the region.
K. BCS Transcription Project
As part of the comprehensive capacity building project that the ICTY is preparing with ODIHR and UNICRI, pending funding, the Tribunal intends to initiate production of key transcripts of its proceedings in B/C/S, which the representatives of the jurisdictions in the region have identified as having tremendous value to domestic investigations and trials. As the official languages of the ICTY are French and English, transcripts at the Tribunal have been produced in those languages only, and therefore there has been no effective method for investigators or prosecutors from the domestic jurisdictions of the region of the former Yugoslavia to search through the evidence presented by and through witnesses in their native language. Since 2005, the Belgrade-based NGO Humanitarian Law Center has undertaken important work in response to this need by producing transcripts from the public sessions of some of the Tribunal’s proceedings(18) and published them on their website and in printed books.
By producing B/C/S transcripts in-house, the ICTY seeks to ensure that a permanent record of its proceedings in the primary language of the region is preserved as part of the Tribunal’s official archives. In-house production will enable transcription of closed sessions and confidential evidence. 15 This goal is described in more detail under Objective 2: Ensuring long-term access to the ICTY’s records and findings. 16 E.g. by producing training materials, e-learning tools and curricula for topics pertaining to international humanitarian and criminal law. Transcripts will also greatly enhance the ability of victims, students, researchers and others in the region to access the Tribunal’s proceedings. Without transcripts in the local languages, it is difficult for members of the communities in the region to access the narrative contents of the trials.
L. Appeals Chamber Case Law Research Tool
The Appeals Chamber Case-Law Research Tool (ACCLRT) is an annotated collection of key excerpts from the judgements and selected decisions of the ICTY Appeals Chamber since July 2004 and the Appeals Chamber of the ICTR from January 2006. It was first developed in-house at the ICTY for internal use, and later made available through the Tribunal’s website. The purpose is to facilitate access to the current state of the law as interpreted by the Appeals Chamber. The tool is updated on a regular basis.
The material contained in the ACCLRT is accessible through a list of all summarised judgements and decisions. The ACCLRT is technologically simple, as it consists of mutually hyperlinked Word documents. One can download the entire collection of documents from the Tribunal’s website for offline use on a personal computer. In response to frequent requests by practitioners in the region, the Tribunal is also seeking to translate this tool into B/C/S as part of its capacity building project with ODIHR and UNICRI.
M. ICTY Manual on Developed Practices
In May 2009, the Tribunal, in collaboration with UNICRI, launched the ICTY Manual on Developed Practices, a publication aimed at preserving the institution’s legacy and aiding jurisdictions facing the responsibility of adjudicating international crimes. It is the first publication that provides a comprehensive description of the operating practices that have developed at the ICTY since its establishment.
Topics covered include investigations, pre-trial proceedings, judgment drafting, management of the Detention Unit and legal aid policies, as well as a wide range of other issues. The 200+ page publication is intended to benefit other international and hybrid courts as well as domestic jurisdictions where international crimes are being adjudicated. The Manual has been disseminated to practitioners, policy makers and others in different regions throughout the world. It has been wellreceived and can serve as a useful teaching resource to stimulate discussion in training programmes and capacity building efforts.
A link to a PDF version of the manual can be found on the Tribunal’s website.(19)
N. Training Programmes of the Tribunal’s Office of the Prosecutor
Given the importance of the need to further strengthen the prosecution services in the former Yugoslavia, the Tribunal’s Office of the Prosecutor (OTP) has initiated a training programme with two components, the Visiting National Prosecutors Programme and the Visiting Young Professionals Programme. Both components give legal professionals from the region of the former Yugoslavia the opportunity to work side by side with OTP staff and build on earlier and ongoing efforts of capacity building. This training programme is carried out with funding by the European Union.
The main purpose of the Visiting National Prosecutors Programme is to strengthen the capacity of national prosecutors to deal with the large number of war crimes cases stemming from the conflict in the former Yugoslavia through “on the job” training. This training includes the use of electronic databases and the procedures to be followed to access confidential material pursuant to the Rules of Procedure and Evidence of the ICTY. At the end of June 2009, three prosecutors from the region (one from Croatia, one from Serbia and one from Bosnia and Herzegovina) began working as liaison prosecutors in The Hague side by side with OTP staff, allowing them to do research and consult with staff in OTP on cases investigated and prosecuted at the national level. They also act as contact points for their national prosecution services. They will have the opportunity to learn about methodologies of searching and reviewing large volumes of material as applied by OTP criminal analysts. This means a direct investment in the investigation and prosecution of war crimes in the countries where those crimes will be prosecuted for many years to come.
The purpose of the Visiting Young Professionals Programme is to invest in the education and training of young legal professionals from the former Yugoslavia with a special interest in working on war crimes cases and by doing so, to invest in the future capacity of the countries in the former Yugoslavia to deal effectively with complex war crimes cases. Young legal professionals will be given an opportunity to assist the Tribunal’s Office of the Prosecutor in basic case work involving evidentiary as well as legal matters and to attend lectures and presentations on various topics related to the work of the OTP and the ICTY in general.
III. The Tribunal Welcomes Proposals in Relation to its Overall Legacy
The Tribunal’s legacy priorities in respect of the region of the former Yugoslavia form an integral part of the Tribunal’s legacy strategy. The Tribunal’s contribution to the development of international criminal law and international justice are other essential elements of its legacy and it is anticipated that these aspects will be dealt with in another conference, which will assess the Tribunal’s legal legacy. During this Conference, the Tribunal heard the participants’ ideas of the Tribunal’s legacy, which allow the Tribunal to develop tangible proposals. Some of the ideas currently being considered by the Tribunal include establishing a permanent exhibition in The Hague or elsewhere, recreating an ICTY courtroom or placing other Tribunal materials in museums around the world, symbolic awards for contributions to justice, and erecting a monument to the victims and witnesses of the crimes adjudicated at the ICTY. Any projects of this sort would most likely require significant involvement of external partners. The Tribunal welcomes all ideas and proposals in relation to the development of a comprehensive legacy vision and strategy.
- (1) In his 2008 report on strengthening and coordinating United Nations rule of law activities, the Secretary-General stated that “all key stakeholders
- must work as one rule of law community” in order to be effective. A/63/226, 6 August 2008, para. 75.
- (2) See S/RES/808 (1993), S/RES 827 (1993), S/RES 1503 (2003), S/RES 1534 (2004).
- (3) The ICTY Completion Strategy, endorsed in S/RES 1503 (2003) and S/RES 1534 (2004), proposed an end of the Tribunal’s investigations by 2004, completion of all trials by 2008 and the completion of all appeals by 2010, as well as the transfer of lower and mid-level accused back to national jurisdictions for prosecution.
- (4) The Criminal Defence Section or Odsjek kriviène odbrane (OKO) was initially located within the Registry of the Court of Bosnia and Herzegovina
- but has recently become part of the Sector for Judicial Bodies of the BiH Ministry of Justice.
- (5) Rule 75(H) of the ICTY Rules of Procedure and Evidence.
- (6) S/RES/827 (1993), preamble.
- (7) S/PRST/2008/47
- (8) Secretary-General’s Report on the administrative and budgetary aspects of the options for possible locations for the archives of the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda and the seat of the residual mechanism(s) for the Tribunals, S/2009/258, available at http://www.un.org/Docs/sc/sgrep09.htm (“Secretary-General’s Report”).
- (9) These tasks are described in para. 259 (l)-(m) of the Secretary-General’s Report.
- (10) Secretary-General’s Report, para. 44. Category (b) contains, e.g., records of meetings and reports maintained by the Office of the President; evidence not used in trial proceedings, managed by the Office of the Prosecutor; and records related to witness protection managed by the Victims and Witnesses Section of the Registry.
- (11) Secretary-General’s Report, para. 259 (h)-(i).
- (12) E.g. a multi-part training programme conducted with the Croatian Ministry of Justice in 2004. Numerous programmes have been conducted in cooperation with and at the request of domestic courts and prosecutor’s offices.
- (13) E.g. OSCE, UNDP, OPDAT and others.
- (14) Notably the Humanitarian Law Center which organised several large-scale training programmes especially in 2001-2002.
- (15) This goal is described in more detail under Objective 2: Ensuring long-term access to the ICTY’s records and findings.
- (16) E.g. by producing training materials, e-learning tools and curricula for topics pertaining to international humanitarian and criminal law.
- (17) http://www.icty.org/sid/10226
- (18) Notably the trial of Slobodan Milošević.
- (19) http://www.icty.org/sid/10145