ABSTRACT

The United Nations Security Council created the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), in 1993 and 1994 respectively, under chapter VII of the Charter of the United Nations. They are the first international criminal tribunals since those of Nuremberg and Tokyo. The chambers of the ICTY have the power under Rule 77 to deal with contempt of the Tribunal. Rule 77 bis deals with the procedure for fines and the possibility of imprisonment for non-payment of such fines. The Rule 77 of the ICTR Rules, in its form pursuant to the amendments of February 21, 2000, basically corresponds to the first ICTY version. The chambers may only sanction the refusal of a witness to testify and cases of witnesses tampering. The sanctions are a fine of not more than $10,000 or imprisonment of not more than six months.