December 1999 - Many American lawyers, commentators and politicians view the International Criminal Tribunal for the Former Yugoslavia (hereafter, ICTY or "the Tribunal") as a manifestation of the triumph of law and justice in international affairs, since those who violate international humanitarian law and the laws of war are not shielded by state sovereignty.
The ICTY, however, delivers a "justice" that is biased, with prosecutorial decisions based on the personal and national characteristics of the accused rather than on what available evidence indicates that he has done. This bias is seen in the failure to prosecute NATO personnel for acts that are comparable to those of people already indicted, and in the failure to prosecute NATO personnel for prima facie war crimes. This pattern of politically driven prosecution is accompanied by the use of the Tribunal as a tool for those Western countries that support it, and especially the United States, to pursue political goals in the Balkans. Further, the Tribunal's rules (some of which resemble those of the Spanish Inquisition) and procedural decisions make it difficult for defendants to receive a fair trial. more