(Source: OUP)
Brill is publishing a new book on
the history of the International Criminal Tribunal for the Former Yugoslavia.
ABOUT THE BOOK
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.
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.
ABOUT THE EDITORS
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.
TABLE OF CONTENTS
Introduction: Legacy as a Dialogue - 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 MICT Office of the Prosecutor, Serge Brammertz
3. The ICTY and the Defense Legacy: The Association of Counsel Practicing 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 and Rafael Braga da Silva
6. Legacies in the Making at the ICTY, Viviane E. Dittrich
7. The Narrative Legacies of Exceptional Crime, Simone Gigliotti and Amber Pierce
8. Meandering Jurisprudence and Unanticipated Legacies: The ICTY's Reach into Domestic Civil Litigation, Mark A. 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 & 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 Practicing 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-Bursac
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 the Humanity: The Sentencing Legacy of the ICTY, Margaret M. deGuzman
21. Vertical 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 Sokolic
24. The Legacy of the ICTY: The Three-Tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success, Jennifer Trahan and Iva Vukusic
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, Receiption, 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 Mihajlovic Trbovc
30. The Broken Path to Reconciliation in Bosnia and Herzegovina: A Field of Study of Memories, Rosa Aloisi
31. The ICTY, Truth and Reconciliation: A Meta Reconceptualization, Janine Natalya Clark
Part I: Opening Reflections
1. The Last Testament of the ICTY, Carmel Agius
2. Making Complementarity a Reality: The Experiences of the ICTY and MICT Office of the Prosecutor, Serge Brammertz
3. The ICTY and the Defense Legacy: The Association of Counsel Practicing 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 and Rafael Braga da Silva
6. Legacies in the Making at the ICTY, Viviane E. Dittrich
7. The Narrative Legacies of Exceptional Crime, Simone Gigliotti and Amber Pierce
8. Meandering Jurisprudence and Unanticipated Legacies: The ICTY's Reach into Domestic Civil Litigation, Mark A. 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 & 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 Practicing 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-Bursac
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 the Humanity: The Sentencing Legacy of the ICTY, Margaret M. deGuzman
21. Vertical 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 Sokolic
24. The Legacy of the ICTY: The Three-Tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success, Jennifer Trahan and Iva Vukusic
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, Receiption, 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 Mihajlovic Trbovc
30. The Broken Path to Reconciliation in Bosnia and Herzegovina: A Field of Study of Memories, Rosa Aloisi
31. The ICTY, Truth and Reconciliation: A Meta Reconceptualization, Janine Natalya Clark
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