Die voraussichtliche Schließung des ICTY im Jahre 2013: Ein Freibrief für flüchtige Kriegsverbrecher? Die Bewältigungsstrategie und ihre Folgen

The ICTY is winding up the remaining proceedings to meet the objectives set out in its Completion Strategy with tremendous speed. Beside many other minor questions that necessarily will arise after the ICTY closes its doors one major problem remains unquestioned and unsolved: how can the international community bring the last two fugitives, Ratko Mladić und Goran Hadžić to justice after the ICTY's closedown? The first part examines possibilities for criminal proceedings at either the international or national level after the closing of the ICTY. The author elaborates the possibility of proceedings before the International Criminal Court and national courts and discusses the implications of concepts such as universal jurisdiction, immunity and amnesty. In conclusion national proceedings in Serbia seem to be the only realistic scenario. Following this assumption the second part addresses the question of which possibilities the international community has to enforce national proceedings meeting the desired standards. On the one hand, there is moral commitment to stop this hide-and-seek capture the two accused at large and put them on trial. On the other hand, there is a reasonable argument against keeping such a big-ticket institution open and waiting for the two remaining arrests. After analysing these alternatives, the author favours a rather unconventional proposal that would suit both conflicting interests.