Chicago Journal of International Law

Article Title

Judging War Crimes


The ICTY is not uncontroversial. Some commentators contend that unless it is able to try the "big fish," political leaders like Slobodan Milosevic and Radovan Karadzic or military commanders like Ratko Mladic (all of whom have been indicted but not taken into custody) it cannot be judged a success. Serb and Croat critics question its impartiality because its major support comes from NATO countries and most of the defendants are Serbs or Croats. Still others point to the small numbers of accused actually tried and to the long periods of pre-trial detention that are becoming increasingly frequent as more suspects come physically under ICTY control. Some commentators and policymakers believe that reconciliation, not vindication, is the preferable route to pursue in the aftermath of civil wars. It is safe to say that any final judgment on the ICTY's legacy is still on hold. [CONT]