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Legacies of the International Criminal Tribunal for the Former Yugoslavia: A Multidisciplinary Approach

Legacies of the International Criminal Tribunal for the Former Yugoslavia: A Multidisciplinary Approach

Author: Carsten Stahn; Carmel Agius; Serge Brammertz; Colleen Rohan
Publisher: Oxford University Press
ISBN: 9780198862956
Published In: June 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Preface

UNSG António Guterres

Introduction: Legacy as Dialogue — 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-Bursać

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

21. Vertical 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 Sokolić

24. The Legacy of the ICTY: The Three-tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success

Jennifer Trahan and Iva Vukušić

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 Mihajlović 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

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