The Moral Legacy of the ICTY

Abstract

The chapter sets the International Criminal Tribunal for the former Yugoslavia (ICTY) legacy into context from a broader UN perspective. It shows that ideas of morality and responsibility are fundamental to the establishment of the ICTY and a cornerstone of the ‘age of accountability’. The chapter argues that the ICTY had a pioneering role in shaping discourse on international justice and serious international crimes and institutional developments, ranging from the Special Court for Sierra Leone (SCSL) to the International, Impartial and Independent Mechanism (IIIM). It discusses four challenges that are fundamental to the development of an international accountability system: the financing of international criminal court and tribunals; the length of proceedings; the development of governance mechanisms; and the centrality of the role of victims. The chapter concludes that, in an ideal world, institutions such as the ICTY would not be needed. However, until such a time arrives, the legacy of the ICTY can provide important insights on building domestic capacity and guiding other international tribunals.