Longer than Life: How the ICTY Strengthened the Rule of Law in Bosnia and Herzegovina and Serbia

Longer than Life: How the ICTY Strengthened the Rule of Law in Bosnia and Herzegovina and Serbia

By Kei Hannah Broderson
Eleven International Publishing May 2020

Specifications

ISBN-13
9789462361270
Publisher
Eleven International Publishing
Publication
May 2020
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The ICTY closed its doors in 2017. It had been set up in 1993 in order to prosecute crimes committed during the Yugoslav wars in the 1990s. Although its mandate was limited to that of a criminal court, the Tribunal aimed at strengthening the rule of law in the countries under its jurisdiction. This book examines in what respect the ICTY had an impact on the Bosnian and Serbian criminal justice systems. It examines five areas where the footprint of the international tribunal is most tangible: national war crimes institutions, domestic criminal legislation and jurisprudence, witnesses' and victims' matters, and the use of technology in the criminal process. In the end, it is determined whether this influence indeed contributed to the rule of law in Bosnia and Herzegovina and Serbia. Academics might be interested in this research as it contributes to understanding the domestic impact of international institutions. Practitioners will be guided in setting up and operating international war crimes courts, if strengthening the rule of law is a desired (side) effect of that court.

Table of Contents

1. Introduction: The ICTY between Hope and Disappointments
Part I. Conceptual, Theoretical, and Methodological Framework
2. The Rule of Law in Transitional Justice
3. The Impact Model: How War Crimes CourtsInfluence the Domestic Rule of Law
4. Methodology and Analytical Framework
Part II. ICTY-Triggered Changes in Serbia and Bosnia and Herzegovina
5. The ICTY, the Catalyst – How the ICTY Contributed to Re-Establishing the Rule of Law by Triggering the Domestic Adjudication of War Crimes
6. “We Learned That from The Hague” – How the ICTY Contributed to Compliance with International Law and Standards through Impact on Domestic Criminal Law and Practice
7. Bringing Novelties to the Region – How the ICTY Contributed to Justice and Effectiveness of the Criminal Process by Introducing Protection and Support for Witnesses and Victims
8. Modernising the Courtroom – How the ICTY Contributed to Efficiency, Effectiveness, and Transparency of Court Proceedings by Demonstrating the Benefits of Technology
Part III. Analysis of the ICTY’s Impact on Bosnia and Herzegovina and Serbia
9. Explaining the ICTY’s Impact on Changes in the Bosnian and Serbian Justice Systems
10. Conclusion: “The Tribunal Is Dead, Long Live the ICTY!”
Postface
Index of Tables and Figures
Bibliography
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