Legacies Of The International Criminal Tribunal For The Former Yugoslavia

Author : Carsten Stahn,Carmel Agius,Serge Brammertz,Colleen Rohan
Publisher : Oxford University Press
Page : 672 pages
File Size : 49,7 Mb
Release : 2020-06-10
Category : Law
ISBN : 9780192607942

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Legacies of the International Criminal Tribunal for the Former Yugoslavia by Carsten Stahn,Carmel Agius,Serge Brammertz,Colleen Rohan Pdf

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.

Author : Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter
Publisher : Oxford University Press
Page : 585 pages
File Size : 52,8 Mb
Release : 2011-05-19
Category : Law
ISBN : 9780199573417

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The Legacy of the International Criminal Tribunal for the Former Yugoslavia by Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter Pdf

The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.

Author : James Gow,Rachel Kerr,Zoran Pajic
Publisher : Routledge
Page : 286 pages
File Size : 42,5 Mb
Release : 2013-09-23
Category : Law
ISBN : 9781134610846

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Prosecuting War Crimes by James Gow,Rachel Kerr,Zoran Pajic Pdf

This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.

Author : Richard H. Steinberg
Publisher : Martinus Nijhoff Publishers
Page : 345 pages
File Size : 41,5 Mb
Release : 2011-05-23
Category : Law
ISBN : 9789004186248

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Assessing the Legacy of the ICTY by Richard H. Steinberg Pdf

This collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice.

Author : William A. Schabas
Publisher : Cambridge University Press
Page : 55 pages
File Size : 44,6 Mb
Release : 2006-07-20
Category : Political Science
ISBN : 9781139456814

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The UN International Criminal Tribunals by William A. Schabas Pdf

This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.

Author : Richard H. Steinberg
Publisher : BRILL
Page : 344 pages
File Size : 54,8 Mb
Release : 2011-05-23
Category : Law
ISBN : 9789004215641

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Assessing the Legacy of the ICTY by Richard H. Steinberg Pdf

This collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice.

Author : Besmir Fidahić
Publisher : Cambridge Scholars Publishing
Page : 389 pages
File Size : 47,5 Mb
Release : 2020-11-24
Category : Language Arts & Disciplines
ISBN : 9781527562691

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Linguistic Justice at the International Criminal Tribunal for the Former Yugoslavia by Besmir Fidahić Pdf

The first of its kind, this book treats language justice in the realm of the international criminal law, focusing specifically on the International Criminal Tribunal for the Former Yugoslavia (ICTY). Defining linguistic justice to mean whether the parties to the proceedings have been addressed by the ICTY in their own language, this study explores the conditions for the delivery of linguistic justice in a context where language plays a key role in the conflict. After presenting a very brief history of language quarrels in the former Yugoslavia and pointing to a series of examples where the language, and underlying ethnic and national identities, have been used as a tool for a conflict, the book reviews ICTY language laws, language-related case law, and procedural linguistic equality of arms between the ICTY Prosecution and Defense to set the stage for language-related work that had to be carried out by the ICTY’s language services providers. After reviewing the history, the recruitment, professional criteria and standards, and training of all ICTY language professionals, this book explores whether linguistic justice has been served by showing overall outputs in translation and interpretation, overall ethnicity- and nationality-based language service delivery, and translation of the permanent court record. It shows that there is much more to provision of language services at international criminal tribunals adjudicating on ethnically motivated war crimes than traditionally thought, and questions whether any of it make any sense as things stand.

Author : Serge Brammertz,Michelle J. Jarvis
Publisher : Oxford University Press
Page : 545 pages
File Size : 54,7 Mb
Release : 2016
Category : Law
ISBN : 9780198768562

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Prosecuting Conflict-related Sexual Violence at the ICTY by Serge Brammertz,Michelle J. Jarvis Pdf

Documenting the experiences, achievements, challenges, and fundamental insights of the Office of the Prosecutor in prosecuting conflict-related sexual violence crimes at the ICTY, this volume analyses and recommends ways to overcome the obstacles faced in prioritizing, investigating and prosecuting conflict-related sexual violence crimes.

Author : Rachel Kerr
Publisher : OUP Oxford
Page : 248 pages
File Size : 52,6 Mb
Release : 2004-01-15
Category : Political Science
ISBN : 9780191532375

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The International Criminal Tribunal for the Former Yugoslavia by Rachel Kerr Pdf

On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool. This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

Author : Milena Sterio,Michael Scharf
Publisher : Cambridge University Press
Page : 128 pages
File Size : 48,7 Mb
Release : 2019-02-21
Category : Law
ISBN : 9781108278720

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The Legacy of Ad Hoc Tribunals in International Criminal Law by Milena Sterio,Michael Scharf Pdf

In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.

Author : Milena Sterio,Michael Scharf
Publisher : Cambridge University Press
Page : 393 pages
File Size : 47,7 Mb
Release : 2019-02-21
Category : Law
ISBN : 9781108417389

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The Legacy of Ad Hoc Tribunals in International Criminal Law by Milena Sterio,Michael Scharf Pdf

Assesses the legacy and impact of the ICTY and ICTR, focusing on their most significant legal achievements in international criminal law.

Author : William A. Schabas
Publisher : Cambridge University Press
Page : 766 pages
File Size : 50,7 Mb
Release : 2006-07-20
Category : Political Science
ISBN : 0521609089

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The UN International Criminal Tribunals by William A. Schabas Pdf

This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.

Author : Diane Orentlicher
Publisher : Oxford University Press
Page : 352 pages
File Size : 40,5 Mb
Release : 2018-03-30
Category : Law
ISBN : 9780190882280

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Some Kind of Justice by Diane Orentlicher Pdf

An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunal's impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims' experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 47,5 Mb
Release : 1998
Category : Electronic
ISBN : OCLC:855387510

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International Criminal Tribunal for the Former Yugoslavia by Anonim Pdf

Author : Klaus Bachmann,Aleksandar Fatić
Publisher : Routledge
Page : 327 pages
File Size : 52,6 Mb
Release : 2015-03-24
Category : Political Science
ISBN : 9781317631354

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The UN International Criminal Tribunals by Klaus Bachmann,Aleksandar Fatić Pdf

Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.