Yugoslav Tribunal Flourishing

The International Criminal Tribunal for War Crimes in the Former Yugoslavia (ICTY) continues to flourish as it reaches both the peak of its activity but also plans an exit strategy. On May 21, 2002 the United States Government lifted a freeze on financial assistance to Yugoslavia after Yugoslav officials gave assurances they will cooperate with the ICTY, including acting on some document requests by June 1, 2002. In March the U.S. had suspended financial aid because the Yugoslav Government appeared to be failing to cooperate sufficiently with the ICTY. According to Mr. Powell, Yugoslav officials have promised the expeditious recovery of all relevant documents that would be provided to the ICTY ?except in rare cases,? assistance in locating witnesses and encouraging their cooperation. The U.S. use of financial aid continues to serve as the main mechanism for enforcement of the ICTY?s orders This mechanism illustrates the absence of any meaningful enforcement mechanism of the ICTY itself, a weakness inherent in the ad hoc and experimental nature of the ICTY. The cooperation of Yugoslavia has brought many surrenders and made the ICTY extremely busy.