ABSTRACT
The discussion draws on an analysis of the Judgements and, where informative, Indictments of the International Tribunal for the Former Yugoslavia, covering an eight-year period from its inception. 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 (ICTY). The United Nations Commission of Experts on the Former Yugoslavia concluded in its final report that 1.52 million refugees fled the conflict. The Judgements and Indictments of the International Tribunal for the Former Yugoslavia are informative with regards to understanding the construction of warfare, and thereby also its barbarity. The expansiveness of the Tribunal on how military action is specifically criminally barbarous is one of its most revelatory aspects. Insights are provided into how persecution operates within an armed conflict and, most notably, how armed conflict and military action should be contextualized as being within persecutory programs.
