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

ISBN : 9780198862956

Carsten Stahn; Carmel Agius; Serge Brammertz; Colleen Rohan
672 ページ
171 x 246 mm

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: Introduction: Legacy as a Dialogue - reflecting on the ICTY Experience
Part I: Opening Reflections
1 Carmel Agius: The Last Testament of the ICTY
2 Serge Brammertz: Making Complementarity a Reality: The Experiences of the ICTY and MICT Office of the Prosecutor
3 Colleen Rohan: The ICTY and the Defense Legacy: The Association of Counsel Practicing Before the ICTY
4 Miguel de Serpa Soares: The Moral Legacy of the ICTY
Part II: Legacy Lenses, Theorizations and Narratives
5 Carsten Stahn and Rafael Braga da Silva: The ICTY is Dead! Long Live the ICTY!: ICTY Legacies in Perspective
6 Viviane E. Dittrich: Legacies in the Making at the ICTY
7 Simone Gigliotti and Amber Pierce: The Narrative Legacies of Exceptional Crime
8 Mark A. Drumbl: Meandering Jurisprudence and Unanticipated Legacies: The ICTY's Reach into Domestic Civil Litigation
Part III: Expressive Practices, Judicial Record, History, and Truth
9 Marina Aksenova: Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia
10 Luigi Prosperi and Aldo Zammit Borda: A Partial View of History: ICTY Judgments as 'Judicial Truths'
11 Andy Aydin-Aitchison: Handle with Care: ICTY, Juridical By-Products, and Criminological Analyses
Part IV: Evidence, Witness Testimony, and Witness Experiences
12 Kweku Vanderpuye and Christopher Mitchell: Lessons Learned from the Use of DNA Evidence in Srebrenica-Related Trials at the ICTY
13 Kimi Lynn King and James Meernik: Whither Thou Truth & Justice: Witness Perceptions about their Contributions to the ICTY
Part V: Criminal Procedure, Court Management, and Outreach
14 Michael G. Karnavas: Defence Investigative Ethics: Practical Lessons from the ICTY's Legacy for Counsel Practicing in the Region
15 Thomas Wayde Pittman and Marko Divac Oberg: Judgments and Judgment Drafting
16 Audrey Fino and Sandra Sahyouni: Muzzling the Press: When Does the Law Justify Reporting Restrictions? Contempt Cases Against Journalists at the ICTY and Beyond
17 Ellen Elias-Bursac: Translating and Interpreting at the ICTY: Lessons Learned
18 Petar Finci: Was it Worth it? A Look into the Results of the ICTY's Outreach Programme
19 Adrian Plevin: The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia
Part VI: Punishment, Sentencing, and Beyond
20 Margaret M. deGuzman: Punishing the Humanity: The Sentencing Legacy of the ICTY
21 Barbora Hola: Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina
22 Joris van Wijk and Barbora Hola: When Justice is Done: The ICTY and the Post-Trial Phase
Part VII: Impact on Domestic Legal Systems
23 Ivor Sokolic: Narratives of Justice and War in Croatia
24 Jennifer Trahan and Iva Vukusic: The Legacy of the ICTY: The Three-Tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success
25 Tatjana Dawson and Ljiljana Hellman: Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law
26 Kei Hannah Brodersen: We learnt that from The Hague: How the ICTY Influenced the Fairness of Criminal Trials in the Former Yugoslavia
Part VIII: Societal Impact, Receiption, and Gaps
27 Jacqueline R. McAllister: The Peace versus Justice Debate Revisited: The ICTY's Impact on the Bosnian Peace Process
28 Victor Peskin: Croatia's Homeland War, the Battles over Victor's Justice, and the Legacy of the ICTY
29 Jovana Mihajlovic Trbovc: The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina
30 Rosa Aloisi: The Broken Path to Reconciliation in Bosnia and Herzegovina: A Field of Study of Memories
31 Janine Natalya Clark: The ICTY, Truth and Reconciliation: A Meta Reconceptualization


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.