5 Eur. J. Int'l L. 360 (1994)
The International Criminal Tribunal for the Former Yugoslavia

handle is hein.journals/eurint5 and id is 384 raw text is: The International Criminal Tribunal
for the Former Yugoslavia
Daphna Shraga * and Ralph Zacklin **
I. Introduction
The key to an understanding of the Statute of the International Tribunal for the
prosecution of persons responsible for serious violations of international
humanitarian law committed in the territory of the former Yugoslavia (hereinafter
International Tribunal or Tribunal) is the context within which the Security Council
took its decision of principle to establish it. 1
By the end of February 1993 the conflict in the former Yugoslavia had been
underway for more than 18 months, the principal focus of the conflict shifting from
Slovenia to Croatia and then to Bosnia. United Nations involvement, through
UNPROFOR, which at its inception had been conceived of as a protection force to
shield pockets of Serbs in a newly independent Croatia (the United Nations
Protected Areas) had gradually evolved into a multi-dimensional peace-keeping
force whose main activities then centred on Bosnia. The character of the conflict
had also evolved. While from the very beginning great brutality had marked the
conduct of the parties, it was in Bosnia that the first signs of international crimes
began to emerge: mass executions, mass sexual assaults and rapes, the existence of
concentration camps and the implementation of a policy of so-called 'ethnic
cleansing'. The Security Council repeatedly enjoined the parties to observe and
comply with their obligations under international humanitarian law but the parties
systematically ignored such injunctions. In October 1992 the Security Council,
unable to control the wilful disregard by the parties for international norms, sought
to create a dissuasive effect by asking the Secretary-General to establish a
*    Legal Officer, General Legal Division, Office of Legal Affairs, United Nations.
*   Director and Deputy to the Under-Secretary-General, Office of the Legal Counsel, Office of Legal
Affairs, United Nations.
The views expressed in this Article are exclusively those of the authors and do not necessarily
reflect any opinion of the Office of Legal Affairs or of the United Nations.
I    SC Res. 808,22 February 1993, UN Doc. S/RES/S08 (1993).

5 EJIL (1994) 360-380

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