Full Description
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.
Contents
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
