The ICTY has also been criticized, among others, for the following reasons:

• The Tribunal manifests the failure of the UN Security Council and the great powers to find a swift and viable solution to the conflict, reflecting the failure of diplomacy and politics. It is alleged to have been created with a specialized political campaign to destabilize the multi-ethnic state of Yugoslavia, with the aim of bringing about ‘régime change’ in Serbia.

• The Tribunal has awarded very mild sentences.

• Some of the defendants claimed that the Tribunal had no legal authority because it was established by the UN Security Council instead of the UN General Assembly, therefore it had not been created on a broad international basis. The Tribunal was established on the basis of Chapter VII of the United Nations Charter; the relevant portion of which reads “the Security Council can take measures to maintain or restore international peace and security”, whereas the dispute here was internal; in other words, it was ultra vires of the Charter.

• The Tribunal has been claimed to be antidemocratic and in violation of national sovereignty and formed part of coercive order created by the Security Council.

• There has also been failure to provide a complete separation of the prosecutorial and judicial work. 

Therefore, the correct option is C.