Legacies of the International Criminal Tribunal for the Former Yugoslavia

A Multidisciplinary Approach

Carsten Stahn, Carmel Agius, Serge Brammertz, Colleen Rohan (Herausgeber)

Buch | Hardcover

668 Seiten

2020
Oxford University Press (Verlag)
978-0-19-886295-6 (ISBN)

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This edited volume provides a multidisciplinary perspective on the contribution of the International Criminal Tribunal for the former Yugoslavia (ICTY) to law, memory, and justice. It explores some of the accomplishments, challenges and critiques of the ICTY, as well as some of its less visible legacies.

The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies.

The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.

Carsten Stahn is Professor of International Criminal Law and Global Justice at the Leiden Law School and at Queen's University Belfast. Carmel Agius is President of the International Residual Mechanism for Criminal Tribunals and served as the final President of the ICTY. Serge Brammertz is Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals and served as the final Prosecutor of the ICTY. Colleen Rohan is an international lawyer at Bedford Row and former president of the Association of Defence Counsel for the ICTY.

Preface, UNSG António Guterres
Introduction: Legacy as Dialogue DL Reflecting on the ICTY Experience, Carsten Stahn

PART I OPENING REFLECTIONS

1 The Last Testament of the ICTY, Carmel Agius

2 Making Complementarity a Reality: The Experiences of the ICTY and IRMCT Office of the Prosecutor, Serge Brammertz

3 The ICTY and the Defence Legacy: The Association of Counsel Practising Before the ICTY, Colleen Rohan

4 The Moral Legacy of the ICTY, Miguel de Serpa Soares

PART II LEGACY LENSES, THEORIZATIONS, AND NARRATIVES

5 The ICTY is Dead! Long Live the ICTY!: ICTY Legacies in Perspective, Carsten Stahn

6 Legacies in the Making at the ICTY, Viviane E. Dittrich

7 The Narrative Legacies of Exceptional Crime: The Prosecutor as a Peacebuilder, Simone Gigliotti and Amber Pierce

8 Meandering Jurisprudence and Unanticipated Legacies: The ICTY's Reach into Domestic Civil Litigation, Mark Drumbl

PART III EXPRESSIVE PRACTICES, JUDICIAL RECORD, HISTORY, AND TRUTH

9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia, Marina Aksenova

10 A Partial View of History: ICTY Judgments as 'Judicial Truths', Luigi Prosperi and Aldo Zammit Borda

11 Handle with Care: ICTY, Juridical By-products, and Criminological Analyses, Andy Aydin-Aitchison

PART IV EVIDENCE, WITNESS TESTIMONY, AND WITNESS EXPERIENCES

12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY, Kweku Vanderpuye and Christopher Mitchell

13 Whither Thou Truth and Justice: Witness Perceptions About their Contributions to the ICTY, Kimi Lynn King and James Meernik

PART V CRIMINAL PROCEDURE, COURT MANAGEMENT, AND OUTREACH

14 Defence Investigative Ethics: Practical Lessons from the ICTY's Legacy for Counsel Practising in the Region, Michael G. Karnavas

15 Judgments and Judgment Drafting, Thomas Wayde Pittman and Marko Divac Öberg

16 Muzzling the Press: When Does the Law Justify Reporting Restrictions? Contempt Cases Against Journalists at the ICTY and Beyond, Audrey Fino and Sandra Sahyouni

17 Translating and Interpreting at the ICTY: Lessons Learned, Ellen Elias-Bursa'c

18 Was it Worth it? A Look into the Results of the ICTY's Outreach Programme, Petar Finci

19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia, Adrian Plevin

PART VI PUNISHMENT, SENTENCING, AND BEYOND

20 Punishing for Humanity: The Sentencing Legacy of the ICTY, Margaret M. deGuzman

21Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina, Barbora Holá

22 When Justice is Done: The ICTY and the Post-trial Phase, Joris van Wijk and Barbora Holá

PART VII IMPACT ON DOMESTIC LEGAL SYSTEMS

23 Narratives of Justice and War in Croatia, Ivor Sokoli'c

24 The Legacy of the ICTY: The Three-tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success, Jennifer Trahan and Iva Vuku%si'c

25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law, Tatjana Dawson and Ljiljana Hellman

26 'We Learnt that from The Hague': How the ICTY Influenced the Fairness of Criminal Trials in the Former Yugoslavia, Kei Hannah Brodersen

PART VIII SOCIETAL IMPACT, RECEPTION, AND GAPS

27 The Peace versus Justice Debate Revisited: The ICTY's Impact on the Bosnian Peace Process, Jacqueline R. McAllister

28 Croatia's Homeland War, the Battles Over Victor's Justice, and the Legacy of the ICTY, Victor Peskin

29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina, Jovana Mihajlovi'c Trbovc

30 The Broken Path to Reconciliation in Bosnia and Herzegovina: A Field Study of Memories, Rosa Aloisi

31 The ICTY, Truth, and Reconciliation: A Meta Reconceptualization, Janine Natalya Clark

Erscheinungsdatum	13.08.2020
Verlagsort	Oxford
Sprache	englisch
Maße	176 x 250 mm
Gewicht	1350 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Sozialwissenschaften ► Politik / Verwaltung ► Europäische / Internationale Politik
ISBN-10	0-19-886295-4 / 0198862954
ISBN-13	978-0-19-886295-6 / 9780198862956
Zustand	Neuware