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 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
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.
Reviews for Legacies of the International Criminal Tribunal for the Former Yugoslavia: A Multidisciplinary Approach
Perhaps the volume's most important added value is the introspective element of its analysis. It offers important explanations of why certain choices were made at tribunal level, and traces the trajectory of the court's work, depicting two of its most telling characteristics. * Mina Radoncic, Comparative Southeast European Studies *
