Legacies of the International Criminal Tribunal for the Former Yugoslavia

Legacies of the International Criminal Tribunal for the Former Yugoslavia

Author: Carsten Stahn

Publisher:

Published: 2020

Total Pages: 673

ISBN-13: 0198862954

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This edited volume provides a multidisciplinary perspective on the contribution of the International Criminal Tribunal for the former Yugoslavia (ICTY) to law, memory, and justice. It explores some of the accomplishments, challenges and critiques of the ICTY, as well as some of its less visible legacies.


Assessing the Legacy of the ICTY

Assessing the Legacy of the ICTY

Author: Richard H. Steinberg

Publisher: Martinus Nijhoff Publishers

Published: 2011-05-23

Total Pages: 345

ISBN-13: 9004186247

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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.


Linguistic Justice at the International Criminal Tribunal for the Former Yugoslavia

Linguistic Justice at the International Criminal Tribunal for the Former Yugoslavia

Author: Besmir Fidahić

Publisher: Cambridge Scholars Publishing

Published: 2020-11-24

Total Pages: 389

ISBN-13: 1527562697

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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.


Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia

Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia

Author: Eugene O'Sullivan

Publisher: BRILL

Published: 2021-11-15

Total Pages: 577

ISBN-13: 9004502793

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This volume is designed to provide a quick yet comprehensive reference to the jurisprudence of both the ICTY and to some extent, the ICTR. It goes significantly beyond the Judgements of the Tribunal into the Orders and Decisions of the Trial and Appeals Chambers. The book is organized by sections, according to each Article of the Statute and Rule of procedure and evidence. Following the text of the Article or Rule, there is a Commentary section, where appropriate and a digest of Judgements, Decisions and Orders of the Appeals Chamber and the Trial Chambers. Materials will be found in the book from the beginning of the operation of the ICTY through the Furundžija Appeals Judgement and the amendments to the Rules in July 2000.


The Law of the International Criminal Tribunal for the Former Yugoslavia

The Law of the International Criminal Tribunal for the Former Yugoslavia

Author: M. Cherif Bassiouni

Publisher:

Published: 1996

Total Pages: 1140

ISBN-13:

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This thorough commentary on the International Criminal Tribunal for the Former Yugoslavia draws on legislative history, international and comparative law sources, and the Tribunal's Rules of Procedure and Evidence to analyze its workings, effectiveness, and significance in the development of international ciminal law. In addition to its penetrating commentary, the book provides an overview of the conflict of the former Yugoslavia, an article-by-article analysis of the Statute, and annotated texts of the Rules of Procedure, the Rules on Detention, and the Directives for the Assignment of Defence Counsel.


War and the Historic Environment

War and the Historic Environment

Author: Michael Dawson

Publisher: Taylor & Francis

Published: 2024-07-19

Total Pages: 323

ISBN-13: 1040092950

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This book explores how societies deal with the effects of war on the historic environment. Written by historians, archaeologists, and conservation professionals, it offers a dramatic perspective on the war in Ukraine. It reveals the truth behind the Kremlin’s ‘just war’ narrative and touches on the complex relationship between war, society and the historic environment with examples of heritage conservation, archaeology and political expediency from Europe to Namibia. Prompted by the Russian invasion of Ukraine in 2022, the first section ‘Frontline Ukraine’ examines the manipulation of history, the use of propaganda, and the decolonisation of Russian memorials in former Soviet states. It highlights how illegal archaeological excavations, looting and the removal of museum collections beginning from seizure of Crimea in 2014 until the present day have contributed to an increasingly implausible Russian narrative which attempts to represent an imperial land grab as a ‘just war’. In the second section ‘Aspects of War’, the authors provide a wider perspective, with chapters on the influence of film, the effect of war on conservation, forensic archaeology, the reconstruction of damaged or destroyed museums as well as the relationship between America and the Hague Convention. Topical and lucid, this volume will be beneficial to students and researchers of history, archaeology, politics and international relations. The chapters in this book were originally published in The Historic Environment: Policy & Practice and are accompanied by an updated introduction and a new conclusion.


Some Kind of Justice

Some Kind of Justice

Author: Diane Orentlicher

Publisher: Oxford University Press

Published: 2018-03-30

Total Pages: 497

ISBN-13: 019088228X

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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.


Prosecuting Conflict-related Sexual Violence at the ICTY

Prosecuting Conflict-related Sexual Violence at the ICTY

Author: Serge Brammertz

Publisher: Oxford University Press

Published: 2016

Total Pages: 545

ISBN-13: 0198768567

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Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.