The International Conference on the Former Yugoslavia (ICTY) was set up in August 1992 to remain in being until a settlement of the problems of the former Yugoslavia was achieved. It aimed to provide a forum for discussion and negotiation between parties in conflict or disagreement in the former Yugoslavia. It had as Co-chairmen the Secretary-General of the United Nations (UN) and the Head of State or Government of the Presidency of the European Community; their representatives acted as Co-chairmen of the Steering Committee. The first part of the Conference was held in London in August 1992; the second part was convened in Geneva in December 1992.

UN Security Council resolution 827 of 25 May 1993 established an international tribunal for the prosecution of war crimes, crimes against humanity, and genocide committed in former Yugoslavia since the beginning of 1991.

The decision of the UN Security Council to establish an international tribunal to prosecute those believed to be responsible for serious violations of international humanitarian law in former Yugoslavia broke new ground, both for the Council and for the global community. Not since the Nuremberg and Tokyo trials had an international criminal tribunal been created to try individuals charged with violations of international law.

Antonio Cassese was appointed the first President of the ICTY in November 1993 and was re-elected for a second two-year term of office in November 1995. Following his succession by President Gabrielle Kirk McDonald in November 1997, Judge Cassese was elected Presiding Judge of Trial Chamber II, one of the three Trial Chambers comprising the ICTY. In his six years at the ICTY, Cassese contributed to all the landmark judgements rendered by the Appeals Chamber, either as Presiding Judge or Judge. On 6 September 1999, Judge Cassese advised the President and his colleagues of his decision to resign from the ICTY to resume his academic activities at the European University Institute. His resignation was effective from 1 February 2000.

The Tribunal was a complex and unique international institution. It differed from the International Court of Justice and other international courts because it dealt with individuals and exercised functions that impinged upon the most critical area of State sovereignty.
However, it also differs from national courts as it deals with cases unfamiliar to such courts. For example, one of the three organs of the Tribunal, the Office of the Prosecutor, is charged with investigative and prosecutorial functions, which in many systems would be the responsibility of the State's police force and its Prosecution service. Furthermore, the Registry was responsible for managing the ICTY's detention center, which would generally be the function of a prison department. Also, besides fulfilling judicial duties, the Judges had unique legislative tasks in that they passed and amended the Rules of Procedure and Evidence.

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