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It overlooks the fact that the Tribunal is not equipped with the means of physically apprehending indictees and that this task belongs to the international community, in the broadest sense of the term.
Thus, the question that may fairly be asked with respect to the Tribunal is whether it is doing all it can to fulfill its mandate.
Željko Đukić, Dragan Medić and Dragan Borojević received twenty-year sentences, while Miodrag Šolaja received a fifteen-year sentence.
In 2005, a videotape showing the Scorpions killing six Bosniak prisoners was shown at the trial of Slobodan Milošević.
The need to avoid such selectivity in the future is one of the major arguments advanced by proponents of establishing a permanent International Criminal Court.
From a legal standpoint, the Security Council's decision to create an ad hoc Tribunal was also without precedent.
The conflict was initially between the Yugoslav Army units in Bosnia which later transformed into the Army of Republika Srpska (VRS) on the one side, and the Army of the Republic of Bosnia and Herzegovina (ARBi H) which was largely composed of Bosniaks, and the Croat forces in the Croatian Defence Council (HVO) on the other side.After the wars, four members of the unit were found guilty of killing six prisoners during the Srebrenica massacre of July 1995 and five were found guilty of killing fourteen civilians, mostly women and children, during the Podujevo massacre in March 1999.Initially composed of Serbs from eastern Slavonia, the unit began its operations during the Battle of Vukovar in late 1991.The Council first indicated its determination to create a judicial body in February 1993, when it requested that the United Nations Secretary-General submit for its consideration a report on how such a Tribunal might be established, accompanied by "specific proposals."(7) On May 25, 1993, after having considered the Secretary-General's report which included a statute for the Tribunal,(8) the Security Council formally brought the Tribunal into existence by means of Resolution 827.(9) As is well known, the Tribunal is authorized to try persons suspected of grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity.(10) It has concurrent jurisdiction with national courts and is not intended to prevent or preclude the role of national criminal justice systems in prosecuting serious crimes under international law.(11) The Tribunal may, however, assert its primacy over national courts by requesting that they defer to its competence at any stage of the proceedings and it may also retry a case adjudicated by a national court. The Bosnian War was an international armed conflict that took place in Bosnia and Herzegovina between 19.