Organisation

The Prosecutor

The Prosecutor acts fully independently from the Security Council, any States, international organisations or other organs of the tribunal. Its personnel are composed of experienced investigators, criminal experts, military analysts, jurists and substitutes. They investigates (tracking evidences, identifying witnesses and exhuming larders), they prepare the indictment, and lead the accusation before the tribunal. Carla Del Ponte works in this field since the 15 th of October 1999 and has been reappointed to this function the 4 th September 2003. So far she had been working at the Prosecution of the International Criminal Tribunal for Rwanda as well, but the 28 th of August 2003 the Security Council decided by resolution 1503 to split both functions and to make them independent.

The Chambers

The Chambers are composed of sixteen permanent judges and a maximum of nine ad litem judges.

The sixteen permanent judges are elected by the General Assembly of the United Nations for a term of a four year. They are eligible for re-elections. The nine ad litem judges are part of a group of twenty-seven judges, elected by the general Assembly of the United Nations as well. These latter are not eligible for re-election. An ad litem judge can only serve in the trial Chambers for one or more trials, after being appointed by the Secretary-General upon request of the President of the Tribunal, and for a cumulative period up to, but not including, three years. The judges are appointed to three Trial Chambers and one Appeals Chamber. Permanent and ad litem judges will be representing a wide variety of experience and the main judiciary systems in the Chambers. The judges listen to witnesses and arguments in open to public audiences before pronouncing guilt or innocence and sentencing.

The Registry

The Registry is in charge of administration and judiciary servicing of the tribunal, e.g. translation of elements of evidences and interpretation of audiences, servicing and transmitting of evidences deposed, assignment of a legal assistant for indigent persons, administration of the detention unit of the Tribunal. In common with the President, the Registrar, Hans Holthuis (Netherlands) is in charge of diplomatic functions. The latter copes as well with each communication from or sent to the Tribunal.

Detention and cooperation

After the arrest, the accused is transferred in the detention unit of the Tribunal, which is located in The Hague and administered by the Registry. He will stay there until the end of the procedure before the Tribunal. The ICTY judges can impose a maximal sentence of life imprisonment. Sentences pronounced by the Tribunal are to be served in a prison of a State designed by the Tribunal on a list of States, which have indicated to the Security Council their willingness to accept convicted persons.

To fulfil its mandate the Tribunal must be independent but requires international cooperation as well. Cooperation of States or international organisations is indispensable to collect evidences and execute arrest mandates. States bring an essential contribution in other fields such as pinpointing important witnesses or receiving convicts to serve sentence. They can also contribute to the voluntary contribution fund, with private loans or donations.

Judgements and sentences

It is not here possible to list every judgement and sentences of the ICTY, due to its intense activity. Meanwhile, there are currently 51 persons incarcerated. For precise list of detained or past+-detained persons, please refer here.