ABSTRACT
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991, more commonly known as the International Criminal Tribunal for the former Yugoslavia (ICTY), was established as an ad hoc response to the conflict and widespread violations of human rights that occurred (and continued to occur during both the establishment and the initial years of the Tribunal) throughout the Yugoslav War.1 The Tribunal was created by United Nations Security Council (UNSC) Resolution 827 of 25 May 1993. As it marked its twentieth anniversary, and around 10 years into its completion strategy,2 the ICTY’s legacy was increasingly a focus of attention.3 The Tribunal was often a controversial body, because of its blend of legal, political and securityorientated aspects.4 Moreover, its genesis was clouded by what Richard Goldstone refers to as its ‘birth pangs’; accordingly, it is important to understand the obstacles that faced the ICTY in order truly to appreciate its accomplishments and its legacy.5
