That Someone Guilty Be Punished The Impact Of The Icty In Bosnia

Author : Diane F. Orentlicher
Publisher : Unknown
Page : 210 pages
File Size : 45,5 Mb
Release : 2010
Category : International law
ISBN : 1936133288

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That someone guilty be punished : the impact of the ICTY in Bosnia by Diane F. Orentlicher Pdf

"When the United Nations Security Council established the International Criminal Tribunal for the former Yugoslavia (ICTY) in May 1993, expectations were low. War was still raging in the Balkans, and the creation of the Tribunal was perceived as an attempt by Security Council members to save face after failing to stanch the violence then wracking the region. Few could have foreseen the deep and lasting effects of the ICTY on Bosnia and Herzegovina, the Balkans, and international law. What began as an ad hoc response to the war's atrocities set a precedent that marked the beginning of the post-Nuremberg era of international justice: since the ICTY's founding, the international community has established courts to address atrocities committed in Rwanda, Sierra Leone, Cambodia, Kosovo, and Timor Leste, as well as a permanent International Criminal Court with more than 100 states parties. The ICTY has also directly contributed to national war crimes prosecutions, both in Bosnia and Herzegovina, and throughout the region. Moreover, the ICTY has created a rich jurisprudence of international humanitarian law that now informs the work of other national and international courts. In That Someone Guilty Be Punished, Diane F. Orentlicher, professor of law at American University, looks at the effects and effectiveness of the ICTY, including lessons to improve future efforts to provide justice for survivors of atrocious crimes. Perhaps most importantly, Orentlicher examines the impact of the tribunal through the words and experiences of those in whose name it was established: the victims and survivors. Their expectations, hopes, and disappointments are chronicled alongside the tribunal's achievements and limitations. Based on hundreds of hours of interviews--and featuring the voices and perceptions of dozens of Bosnian interlocutors--That Someone Guilty Be Punished provides a comprehensive and complex portrait of the ICTY and its impact on Bosnia."--P. [4] of cover.

Author : Diane Orentlicher
Publisher : Oxford University Press
Page : 352 pages
File Size : 43,5 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 : Dr Valery Perry,Dr Soeren Keil
Publisher : Ashgate Publishing, Ltd.
Page : 241 pages
File Size : 42,9 Mb
Release : 2015-07-28
Category : Political Science
ISBN : 9781472416407

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State-Building and Democratization in Bosnia and Herzegovina by Dr Valery Perry,Dr Soeren Keil Pdf

Bosnia and Herzegovina offers a useful lens through which to view international state-building and democratization efforts. International engagement here incorporated significant civilian and military investment and has been ongoing for many years. In each chapter international scholars and field-based practitioners examine the link between post-war events and a structure that effectively embeds ethno-national politics and tensions into the fabric of the country. These contributors offer lessons to be learned, and practices to be avoided whilst considering whether, as state-building and democratization efforts have struggled in this relatively advanced European country, they can succeed in other fragile states.

Author : Sabrina P. Ramet,Christine M. Hassenstab,Ola Listhaug
Publisher : Cambridge University Press
Page : 475 pages
File Size : 48,8 Mb
Release : 2017-05-15
Category : History
ISBN : 9781107180741

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Building Democracy in the Yugoslav Successor States by Sabrina P. Ramet,Christine M. Hassenstab,Ola Listhaug Pdf

A comprehensive analysis of how the Yugoslav successor states have coped with the challenges of building democracy since 1990.

Author : Timothy William Waters
Publisher : Oxford University Press
Page : 697 pages
File Size : 54,5 Mb
Release : 2015
Category : Law
ISBN : 9780190270780

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The Milošević Trial by Timothy William Waters Pdf

The Milo%sevi? Trial - An Autopsy provides a cross-disciplinary examination of one of the most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. The international trial of Slobodan Milo%sevi?, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milo%sevi? died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create. The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milo%sevi? Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.

Author : Diane Orentlicher
Publisher : Oxford University Press
Page : 497 pages
File Size : 55,5 Mb
Release : 2018
Category : Law
ISBN : 9780190882273

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Some Kind of Justice by Diane Orentlicher Pdf

Through an in-depth case study, Some Kind of Justice offers fresh insights about two questions now the subject of robust debate: What goals can we plausibly assign to international criminal tribunals? What factors determine the impact of distant courts on societies that have seen vicious violence? The book offers a timely and original account of how an international war crimes tribunal affects local communities and the factors that shape its changing impact over time. It explores the influence of the International Criminal Tribunal for the former Yugoslavia (ICTY), launched in 1993 by the UN Security Council at the height of ethnic conflict accompanying the breakup of Yugoslavia, in two countries directly affected by its work. One, Bosnia-Herzegovina, experienced soaring levels of ethnic violence, culminating in the 1995 genocide in Srebrenica. The wartime government of the other country, Serbia, plunged the region into conflict. Operating until the end of 2017, the ICTY is the longest-running war crimes tribunal in history. Its record thus offers an incomparably rich case study of how a Nuremberg-inspired tribunal influences societies emerging from ruinous violence. Book jacket.

Author : Marieke Wierda
Publisher : Cambridge University Press
Page : 333 pages
File Size : 55,7 Mb
Release : 2023-07-20
Category : Law
ISBN : 9781009181389

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The Local Impact of the International Criminal Court The Local Impact of the International Criminal Court by Marieke Wierda Pdf

The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya, and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with how affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no 'universal formula' that can easily be captured in law by one institution.

Author : Luc Reydams,Jan Wouters,Cedric Ryngaert
Publisher : Oxford University Press
Page : 1032 pages
File Size : 47,8 Mb
Release : 2012-05-31
Category : Law
ISBN : 9780191637223

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International Prosecutors by Luc Reydams,Jan Wouters,Cedric Ryngaert Pdf

This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.

Author : Tobias Debiel,Thomas Held,Ulrich Schneckener
Publisher : Routledge
Page : 299 pages
File Size : 52,9 Mb
Release : 2016-01-29
Category : Business & Economics
ISBN : 9781317511236

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Peacebuilding in Crisis by Tobias Debiel,Thomas Held,Ulrich Schneckener Pdf

The 1990s saw a constant increase in international peace missions, predominantly led by the United Nations, whose mandates were more and more extended to implement societal and political transformations in post-conflict societies. However, in many cases these missions did not meet the high expectations and did not acquire a sufficient legitimacy on the local level. Written by leading experts in the field, this edited volume brings together ‘liberal’ and ‘post-liberal’ approaches to peacebuilding. Besides challenging dominant peacebuilding paradigms, the book scrutinizes how far key concepts of post-liberal peacebuilding offer sound categories and new perspectives to reframe peacebuilding research. It thus moves beyond the ‘liberal’–‘post-liberal’ divide and systematically integrates further perspectives, paving the way for a new era in peacebuilding research which is theory-guided, but also substantiated in the empirical analysis of peacebuilding practices. This book will be essential reading for postgraduate students and scholar-practitioners working in the field of peacebuilding. By embedding the subject area into different research perspectives, the book will also be relevant for scholars who come from related backgrounds, such as democracy promotion, transitional justice, statebuilding, conflict and development research and international relations in general.

Author : Carsten Stahn,Carmel Agius,Serge Brammertz,Colleen Rohan
Publisher : Oxford University Press
Page : 672 pages
File Size : 46,7 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 : Linda Carter,Jennifer Schense
Publisher : Torkel Opsahl Academic EPublisher
Page : 483 pages
File Size : 53,5 Mb
Release : 2017-04-29
Category : Law
ISBN : 9788283481860

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Two Steps Forward, One Step Back by Linda Carter,Jennifer Schense Pdf

This anthology offers case studies on the deterrent effect of international criminal tribunals in ten situations, six of which are International Criminal Court situations. The case studies cover four different international tribunals. This gives a new comparative perspective on the impact of international criminal law since the early 1990s. The book seeks to contribute to an important discourse on deterrence: on how international criminal tribunals can assist in a global, co-operative effort to prevent core international crimes. Thirteen authors draw on both quantitative and qualitative factors to assess the rise and fall of criminality and perceptions of deterrence amongst a wide variety of respondents. The studies are based on first-hand information where feasible. They are multi-disciplinary and holistic. Apart from the two editors, the book has contributions by Evelyne Owiye Asaala, Olivia Bueno, Dafi na Bucaj, Seydou Doumbia, Mackline Ingabire, Kasande Sarah Kihika, Sladjana Lazic, Sharanjeet Parmar, Kounkin Augustin Som and Eleanor D. Thompson. It presents concrete findings and recommendations to inform future work of international criminal tribunals including the International Criminal Court.

Author : Diane Orentlicher,Open Society Justice Initiative
Publisher : Unknown
Page : 137 pages
File Size : 42,6 Mb
Release : 2008
Category : Human rights
ISBN : 1891385844

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Shrinking the Space of Denial by Diane Orentlicher,Open Society Justice Initiative Pdf

Author : Bruce W. Dayton,Louis Kriesberg
Publisher : Rowman & Littlefield
Page : 234 pages
File Size : 42,7 Mb
Release : 2017-01-12
Category : Political Science
ISBN : 9781442265523

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Perspectives in Waging Conflicts Constructively by Bruce W. Dayton,Louis Kriesberg Pdf

This book explores how large-scale conflicts can be waged more constructively. An introduction presents key concepts in positive conflict resolution, and chapters from esteemed contributors illustrate these theories in action, with cases ranging from Israel to North Korea. The book offers diverse perspectives and concrete ideas for positive change.

Author : Chiara Giorgetti
Publisher : Martinus Nijhoff Publishers
Page : 645 pages
File Size : 42,9 Mb
Release : 2012-02-17
Category : Law
ISBN : 9789004194823

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The Rules, Practice, and Jurisprudence of International Courts and Tribunals by Chiara Giorgetti Pdf

This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.

Author : Nevenka Tromp
Publisher : Routledge
Page : 289 pages
File Size : 49,7 Mb
Release : 2016-04-14
Category : History
ISBN : 9781317335276

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Prosecuting Slobodan Milošević by Nevenka Tromp Pdf

This book offers a comprehensive analysis of the trial of former Serbian leader Slobodan Milošević at the International Criminal Tribunal for the former Yugoslavia (ICTY). With the premature death of Milošević in March 2006 his trial was left unfinished. Although the traditional objectives of criminal law, such as retribution, justice for victims, and deterrence, were not achieved, the Milošević trial archive is a significant historical resource for researchers from various fields. This book extracts details from the collection of documentary and transcript evidence that makes up the trial record – sources which would be almost impossible to extricate without an insider’s guiding hand – to allow readers to trace the threads of several historical narratives. The value of this methodology is particularly evident in the Milošević case as, acting as his own defence counsel, he responded to, and interacted with, almost all witnesses and evidence presented against him. By providing snapshots of the behaviour displayed by Milošević in court while conducting his defence, in combination with passages of carefully selected evidence from an immense archive familiar to few scholars, this volume reveals how these trial records, and trail records in general, are a truly invaluable historical source. The book underlines the premise that any record of a mass atrocities trial, whether finished or unfinished, establishes a record of past events, contributes to interpretations of a historical period and influences the shaping of collective memory. This book will be of much interest to students of the Former Yugoslavia, war crimes, international law, human rights, international relations and European politics.