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Report: Prosecuting War Crimes in the Former Yugolsavia, An Update



In early 1996, with little fanfare, the U.N. Security Council quietly and quickly selected Canadian Judge Louise Arbour to succeed Justice Richard Goldstone, the first chief prosecutor for the International Criminal Tribunal for the Former Yugoslavia. The relative ease with which a replacement was chosen — in contrast to the prolonged, relatively public, and embarrassing manner in which the Security Council members fought among themselves for nearly a year over the selection of the first prosecutor — reflects the dramatically changed circumstances in which the Yugoslav War Crimes Tribunal now finds itself. At the time of Goldstone’s appointment in 1994, most observers of the Yugoslav conflict seemed to fall into one of two categories: those that thought war crimes trials should be held, but did not believe the Tribunal would ever indict anybody above the rank of private (let alone hold an actual trial), and those who believed that the mere discussion of war crimes trials undermined peace negotiations.

Under Goldstone’s able stewardship, the Tribunal has developed a full complement of staff, including prosecuting attorneys and investigators; issued more than fifty indictments, including for the two highest ranking Bosnian-Serb political and military leaders and three members of the Yugoslav People’s Army; obtained custody of three men; and begun the Tribunal’s first trial. Goldstone has deftly managed a multitude of political crises, successfully traversed the treacherous waters of the U.N. bureaucracy, and, thus far, helped safeguard the legal integrity and credibility of the Tribunal. All of these factors, combined with the achievement of a tenuous peace agreement in Dayton in November 1995,2 now make the possibility of war crimes trials seem, to many, more real than ever before.

This memorandum outlines the basic structure of the Tribunal and the most recent developments with respect to investigations and trials, cooperation by U.N. member states with the Tribunal, and funding.

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Hearings

Hamas’ Hostages, Putin’s Prisoners, and Freeing Inte...

Oct 25, 2023

The practice of seizing hostages and political prisoners, as well as actively terrorizing civilians is a constant displayed by Hamas in Israel and Russia’s war against Ukraine. To highlight issues related to the United States’ strategy to free hostages and political prisoners, last year the Commission’s Ranking Member Congressman Steve Cohen and Chairman Joe Wilson […]

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Hearings

Rescuing Ukrainian Children and Women from Russia...

Jul 26, 2023

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Press Releases

Hearing: Supporting a Democratic and Secure Moldova

Jul 06, 2023

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Publications

Helsinki Commission Digital Digest May 2022

Jun 01, 2022

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Briefings

Russia’s Swiss Enablers

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Hearings

Russian War Crimes in Ukraine

May 04, 2022

Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific […]

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Press Releases

Helsinki Commission Regrets Closure of OSCE Special ...

May 02, 2022

WASHINGTON—On April 28, the OSCE announced that Russia had definitively forced the closure of the Special Monitoring Mission (SMM) to Ukraine, following its veto of the mission’s mandated activities as of April 1. In light of this announcement, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), […]

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Publications

Helsinki Commission Digital Digest April 2022

Apr 29, 2022

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Press Releases

Helsinki Commission Briefing to Examine Swiss Enabli...

Apr 29, 2022

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and […]

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Press Releases

Helsinki Commission Leaders Condemn Detention of OSC...

Apr 26, 2022

WASHINGTON—Following the detention of four Ukrainian nationals serving as members of the OSCE Special Monitoring Mission in Russian-controlled areas of eastern Ukraine who reportedly were accused of illegal activities including treason and espionage, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe […]

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Publications

Helsinki Commission Digital Digest March 2022

Mar 31, 2022

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Statements

Chairman Cardin Emphasizes the Importance of the Glo...

Mar 23, 2022

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