ABSTRACT

It was the later conflict in Yugoslavia that prompted the next steps in the process. The disintegration of the Socialist Federal Republic of Yugoslavia after 1991 resulted in a violent struggle for territory and the perpetration of acts of genocide and ‘ethnic cleansing’ the likes of which had not been seen in Europe since 1945. As early as October 1992, the Security Council had established a Committee of Experts200 to investigate and collect evidence of grave breaches of the 1949 Geneva Conventions; these were confirmed in its final report of May 1994. The European location of the conflict had the consequence that it was widely reported and public opinion in a number of European states began to press governments to act. The practical response of the Security Council was to establish an international criminal tribunal201 to investigate and try breaches of international humanitarian law.202 The jurisdiction of the tribunal was restricted to the territory of Yugoslavia203 and concerned events after 1 January 1991.204 The Tribunal itself was established under Chapter VII of the United Nations Charter205 and marked the first time that these powers had been used to establish a judicial body;206 the decision to do so was subsequently welcomed by the General Assembly.207