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Dear Party of Citizens,

the ICTY is not the same as the International Criminal Court (ICC) created in Rome in 
1998.  The ICC, in fact, has yet to be officially inaugurated as it lacks the proper 
number of ratifications for the treaty to enter into force.  

The ICTY should also not be confused with the ICJ (International Court of Justice), 
which was designed to adjudicate disputes between states and in front of which 
Yugoslavia brought a complaint against NATO states for their aggression in 1999 (the 
case was apparently dropped by the new NATO-backed authorities in Yugoslavia).

So what is the International Criminal Tribunal for the former Yugoslavia (ICTY)?  Good 
question.  The ICTY was created in 1993 as an ad-hoc creation of the United Nations 
Security Council (UNSC) in violation of Chapter 6 and Chapter 7 the UN Charter, which 
empowers the UNSC only to create subsidiary organs.  The ICTY however is an organ of 
the UN that over-rides state sovereignty in the persecution of individuals, is 
open-ended and was never ratified by the members of the UN General Assembly.  Thus the 
ICTY is of dubious legal identity as an international court since it was created 
without the approval of UN member states, but was an adhoc creation of the UNSC under 
dubious circumstances.

This is the difference between the various courts, hope this helped.

Cheers!

Kole

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