The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Author: Bert Swart; Alexander Zahar; Goran Sluiter
Publisher: Oxford University Press
ISBN: 9780199573417
Published In: May 2011
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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A key retrospective on the most prolific international criminal court to date, whose work has had a wide-ranging effect on substantive and procedural international law, human rights, and the development of international criminal law
Gives an overview of the controversial debates sparked by the ICTY's jurisprudence on issues such as command responsibility, self-representation, and complicity in genocide
Written by eighteen experts on the tribunal, including judges, prosecutors, defence counsel, and academics

The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as an important frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts.

The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyse the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstated assumptions, political circumstances, and impact-and indeed, its legacy.

Readership: Scholars and students of international criminal justice and international courts and tribunals; practitioners and legal advisers in these areas.

1: Göran Sluiter and Alexander Zahar: Introduction
I. A Distant Court
2: Kimi L. King and James D. Meernik: Assessing the Impact of the ICTY: Balancing International and Local Interests While Doing Justice
3: Janine Natalya Clark: The Impact Question: The ICTY and the Restoration and Maintenance of Peace
II. Process and Rights: Three Views
4: Alex Whiting: The ICTY as a Laboratory of International Criminal Procedure
5: Albin Eser: Procedural Structure and Features of International Criminal Justice: Lessons From the ICTY
6: Stefan Trechsel: Rights in Criminal Proceedings Under the ECHR and the ICTY Statute-A Precarious Comparison
III. Battlefields
7: Göran Sluiter: Unity and Division in Decision Making-The Law and Practice on Individual Opinions at the ICTY
8: Jonas Nilsson: The Crime of Persecution in the ICTY Case Law
9: Nina H. B. Jørgensen: Complicity in Genocide and the Duality of Responsibility
10: Harmen van der Wilt: Justifications and Excuses in International Criminal Law: An Assessment of the Case Law of the ICTY
11: Nancy Amoury Combs: Regulation of Defense Counsel: An Evolution Toward Restriction and Legitimacy
12: Jens David Ohlin: Proportional Sentences at the ICTY
IV. Improvisation and Resilience
13: Jarinde Temminck Tuinstra: The ICTY's Continuing Struggle With the Right to Self-Representation
14: Elies van Sliedregt: Command Responsibility at the ICTY: Three Generations of Case Law and Still Ambiguity
15: Luisa Vierucci: "Special Agreements" Between Conflicting Parties in the Case Law of the ICTY
16: Kimberly Prost: The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions
17: Alexander Zahar: Civilizing Civil War: Writing Morality as Law at the ICTY
V. Legacy in Bricks and Mortar
18: Guido Acquaviva: 'Best Before Date Shown': Residual Mechanisms at the ICTY

Edited by the late Bert Swart, Professor of International Criminal Law, Amsterdam Centre for International Law, University of Amsterdam, Alexander Zahar, Senior Lecturer in International and Criminal Law, Macquarie Law School, Australia, and Göran Sluiter, Professor of International Criminal Law, Amsterdam Centre for International Law, University of Amsterdam

Contributors:

Guido Acquaviva
Nancy Amoury Combs
Janine Natalya Clark
Albin Eser
Nina H. B. Jørgensen
Kimi L. King
James D. Meernik
Jonas Nilsson
Jens David Ohlin
Kimberly Prost
Jarinde Temminck Tuinstra
Stefan Trechsel
Harmen van der Wilt
Elies van Sliedregt
Luisa Vierucci
Alex Whiting