By: Maria Chhubria, Director of Academic Programs,
International Judicial Academy
The International Criminal Tribunal for Yugosavia (ICTY) is
a United Nations court established to investigate and prosecute war crimes that
occurred during the conflicts in the Balkans in the 1990’s. Similarly, the
International Criminal Tribunal for Rwanda (ICTR) was created to prosecute
individuals “who planned, instigated, ordered, committed or otherwise aided and
abetted in the planning, preparation or execution of” genocide, crimes against
humanity and war crimes in Rwanda and its neighboring territories between January
1 and December 31, 1994. Both tribunals have three main organs: the Chambers;
the Office of the Prosecutor (OTP); and the Registry. The Chambers are composed
of three Trial Chambers and one Appeals Chamber.
The ICTY has attracted distinguished judges from other
countries to serve as judges for the many trials that have been brought before
the Tribunal, and the appeals that have resulted from those trials. One of
those distinguished judges is Judge Carmel Agius from Malta. Judge Agius
currently serves as Vice-President of the ICTY and is also a member of the
Appeals Chamber of both the ICTY and the ICTR.
He was first appointed as a judge of the ICTY in 2001.
Between 2003 and 2010, Judge Agius presided over Trial Chamber II of the ICTY,
overseeing the Brdjanin, Oric and Popovic trials. On behalf of the ICTY, he
coordinated the drafting of the Rules of Procedure and Evidence of the
Mechanism for International Criminal Tribunals. This Mechanism was later
accepted by the UN Security Council and adopted by the judges of the Mechanism.
In 2011 he was selected as a judge of the Mechanism.