The Last Testament of the ICTY

Abstract

This chapter presents reflections of Judge Agius, the last president of the International Criminal Tribunal for the former Yugoslavia (ICTY), on the experiences of the tribunal and its legacies. It discusses the emergence and unique nature of the tribunal, including its impact on other international criminal institutions. This contribution discusses the specific areas of legacy of the Tribunal, the role of different agents (judges, prosecutors, defence counsels, legal officers, and staff) and the ICTY’s larger contribution to a new era of accountability. The chapter weighs the successes and challenges of the ICTY, such as bringing perpetrators of sexual violence during conflict to justice; the protection of witnesses and victims before the ICTY; the importance of Outreach; and gender parity inside the Tribunal work. The chapter argues that the ICTY overall legacy is positive. However, much remains to be done, within and beyond the IRMCT, to encourage cooperation and genuine investigations and prosecutions at the domestic level.