ABSTRACT
One of the most innovative and expeditious recommendations in the Security-General's report was that of establishing the Tribunal through the exercise of the Security Council's powers under Chapter VII of the UN Charter. As Antonio Cassese, the first president of the International Criminal Tribunal for the Former Yugoslavia (ICTY), explained, 'the traditional approach of establishing such a body by treaty was discarded as being too slow (possibly taking many years to reach full ratification) and insufficiently effective as Member States could not be forced to ratify such a treaty against their wishes' (UN Doc. S/1994/1007, 29 Aug. 1994).
