ASSEMBLÉE PARLEMENTAIRE DE L’OTAN NATO PARLIAMENTARY ASSEMBLY COMMISSION SUR LA DIMENSION CIVILE DE LA SÉCURITÉ COMMITTEE ON THE CIVIL DIMENSION OF SECURITY.

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Presentation transcript:

ASSEMBLÉE PARLEMENTAIRE DE L’OTAN NATO PARLIAMENTARY ASSEMBLY COMMISSION SUR LA DIMENSION CIVILE DE LA SÉCURITÉ COMMITTEE ON THE CIVIL DIMENSION OF SECURITY THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA – ICTY AN UPDATE Berlin, Germany Stéphane Bourgon - Defence Counsel International Criminal Tribunal for the Former Yugoslavia (ICTY)

INTERNATIONAL CRIMINAL JUSTICE TODAY International Criminal Tribunal for the former Yogoslavia – ICTY International Criminal Tribunal for Rwanda – ICTR International Criminal Court – ICC Special Court for Sierra Leone - SCSL

TAKING STOCK OF THE ICTY EXPERIENCE What the ICTY has accomplished; What the ICTY has not accomplished (or not yet accomplished); The challenges which lie ahead for the ICTY.

SUGGESTED AREAS OF INTEREST FOR THE NATO – PA THE MILITARY COMMUNITY’S TRUST IN THE ICTY AND INTERNATIONAL CRIMINAL JUSTICE; THE RELATIONSHIP BETWEEN THE ICTY AND ‘PUTTING AN END TO IMPUNITY’; AND THE DEVELOPMENT OF INTERNATIONAL CRIMINAL JUSTICE ON THE BASIS OF THE ICTY EXPEREINCE.

ICTY TRIAL ACTIVITY TO THIS DAY Number of persons accused: 161; Trial proceedings completed against: 74; Trial proceedings ongoing against: 28; Pre-trial proceedings ongoing against: 6; Number of accused at large: 4; Number of accused transferred to other jurisdictions: 13; and Number of Indictments withdrawn: 36.

TRIAL PROCEEDINGS COMPLETED Total number of accused tried: 74 Number of accused found guilty: 63 Final verdict: 55 On appeal: 8 Number of accused acquitted: 11 Final verdicts: 9 On appeal: 2 Ratio acquitted / guilty: 14.86%

ONGOING TRIALS Number of accused presently on trial: 28; Number of ongoing trials: 8; Including inter alia: P. v. Popović et al. (Srebrenica) – 7 accused; P. v. Milutinović et al. (Kosovo) – 6 accused; P. v. Prlić et al. (HVO – Bosnia) – 6 accused; and P. v. Gotovina et al. (Operation Storm Croatia) – 3 accused.

WHAT THE ICTY HAS ACCOMPLISHED INTERNATIONAL CRIMINAL JUSTICE IS POSSIBLE; DEVELOPMENT OF INTERNATIONAL HUMANITRIAN LAW; CREATION AND SUPPORT TO NEW INTERNATIONAL CRIMINAL COURTS; MODEL FOR THE FUTURE; AND PEACE AMD SECURITY IN THE FORMER YUGOSLAVIA.

WHAT THE ICTY HAS NOT (or not yet) ACCOMPLISHED Deterred the parties from committing future crimes; Created of a coherent system of international criminal law based on both common law and continental law; Found the key to shorter trials; Adopted a sound Prosecution strategy; Integrated the Defence function as a pillar / component of the system; Outreach

ICTY CHALLENGES AHEAD Avoiding sacrificing the rule of law and the rights of the accused on the altar of expediency; Arrest and transfer of the accused who remain at large; Staying away from political influence; Outreach and bringing justice closer to the communities of the former Yugoslavia; and Influencing the development of new courts, in particular the ICC.

AREAS OF INTEREST FOR THE NATO – PA The military community and international criminal justice; Putting an end to impunity and arresting the accused who remain at large; Development of the ICC on the basis of the ICTY experience.