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Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY 前南问题国际法庭在与斯雷布雷尼察有关的审判中使用DNA证据的教训
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0013
K. Vanderpuye, C. Mitchell
{"title":"Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY","authors":"K. Vanderpuye, C. Mitchell","doi":"10.1093/oso/9780198862956.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0013","url":null,"abstract":"This chapter discusses legal issues associated with the collection, storage, and use of DNA evidence in international and national criminal trials. It draws on experience at the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Srebrenica cases. It shows how DNA evidence was used to identify the number of victims in a mass grave, and links and patterns between a victim and one or more crime sites. The chapter argues that the probative value and admissibility of DNA evidence is maximized when used in conjunction with other forensic sciences (e.g. archaeology, pathology, and anthropology). Also that reliance on all forensic sciences, not just DNA analysis, is the most likely way of establishing a complete picture of the victim’s identity; as well as the cause, manner, and circumstances of the victim’s death.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"167 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116035065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
A Partial View of History 片面的历史观
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0011
Luigi Prosperi, A. Borda
{"title":"A Partial View of History","authors":"Luigi Prosperi, A. Borda","doi":"10.1093/oso/9780198862956.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0011","url":null,"abstract":"In practice, the International Criminal Tribunal for the former Yugoslavia (ICTY) has contributed significantly to the historical narratives of the conflicts in the Balkans. However, history writing as an objective of international criminal proceedings remains a contested issue and ICTY chambers have approached this objective differently. The role of history at the ICTY has fluctuated significantly and has been directly influenced by developments in other areas of the Tribunal’s work. While the histories written by the ICTY have helped promote better understanding of the conflicts, in other cases such histories, particularly those referring to third parties, have had problematic implications for the right to a fair trial. This chapter claims that the relationship between judging and history at the ICTY has been dynamic, contingent, and complex. International criminal tribunals are only able to write ‘judicial truths’; to expect them to write authoritative historical accounts is possibly to overburden them.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"312 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114555898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Last Testament of the ICTY 前南问题国际法庭的最后遗嘱
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0002
C. Agius
{"title":"The Last Testament of the ICTY","authors":"C. Agius","doi":"10.1093/oso/9780198862956.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0002","url":null,"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.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123715510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legacies in the Making at the ICTY 前南问题国际法庭的遗产
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0007
Viviane E. Dittrich
{"title":"Legacies in the Making at the ICTY","authors":"Viviane E. Dittrich","doi":"10.1093/oso/9780198862956.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0007","url":null,"abstract":"Viviane Dittrich re-visits the institutional endeavour of leaving a legacy in light of completion, closure, and continuation. Her contribution explores how the proliferation of tribunal-driven legacy projects and efforts of documentation, memorialization, and legacy building has shaped and continues shaping the actual legacy process. The chapter shows that legacy formation is a continuous process, placing the social construction of legacies at the centre of the analysis. The chapter sets the approaches of the International Criminal Tribunal for the former Yugoslavia (ICTY) in perspective in relation to its Completion Strategy and the ongoing work of the International Residual Mechanism for Criminal Tribunals. In view of the impending closure of the Tribunal and the spectre of organizational death, the chapter discusses legacy building in terms of language, conceptualization, and institutionalization.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121718531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Translating and Interpreting at the ICTY 前南问题国际法庭笔译和口译
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0018
Ellen Elias-Bursać
{"title":"Translating and Interpreting at the ICTY","authors":"Ellen Elias-Bursać","doi":"10.1093/oso/9780198862956.003.0018","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0018","url":null,"abstract":"Procedures developed at the International Criminal Tribunal for the former Yugoslavia (ICTY) in response to issues concerning evidence translation and testimony interpretation have provided international criminal courts and tribunals with expertise and insight. These will shape the profession for decades to come. As to the impact on jurisprudence, the Conference and Language Service Section (CLSS), being part of Registry, played a key—often underestimated—role in ensuring the equality of arms between the parties. In a larger sense, the provisional nature of translated texts and interpreted testimony encourages challenges and disputes, and these discussions move the proceedings to a greater understanding; precisely because the obstacles presented by dealing with other languages and cultures force everyone in the courtroom to pay more attention to communication and meaning. It is this constant querying of what everyone thought they did or did not understand that takes these complex trials to completion and comprehension.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127940083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Handle with Care 小心轻放
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/OSO/9780198862956.003.0012
Andy Aydın-Aitchison
{"title":"Handle with Care","authors":"Andy Aydın-Aitchison","doi":"10.1093/OSO/9780198862956.003.0012","DOIUrl":"https://doi.org/10.1093/OSO/9780198862956.003.0012","url":null,"abstract":"The chapter starts with claims made for the potential historical value of a set of juridical by-products: the evidence gathered, presented, and scrutinized in international criminal courts. Recently, criminologists and others have started to make use of resources generated or collected by the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) to describe and analyse international crimes. This chapter argues that while evidence and transcripts from international criminal courts have great potential as a source of data for analyses in criminology, and by extension other social sciences and historical research, they need to be handled with care. The chapter compares judicial and scholarly approaches, examines access and transparency issues around the construction of a body of evidence in the trial process and matters relating to witnesses. They make a strong case for using the ICTY as part of scholarly efforts to make sense of the violent disintegration of State and society in Yugoslavia.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114745099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Punishing for Humanity 惩罚人性
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0021
Margaret M. deGuzman
{"title":"Punishing for Humanity","authors":"Margaret M. deGuzman","doi":"10.1093/oso/9780198862956.003.0021","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0021","url":null,"abstract":"In determining sentences, the ICTY chose to develop global norms rather than adhere to, or even be strongly guided by, the sentencing norms of the former Yugoslavia. Although the ICTY Statute required the judges to consult national practices in determining sentences, they interpreted this requirement loosely, reserving to themselves a wide discretion that enabled them to identify a range of global sentencing objectives and factors to apply in pursuit of those objectives. The global norms the ICTY developed included norms rejecting harsh punishment, applying consequentialist punishment rationales, privileging gravity as the central sentencing factor, and endorsing broad judicial sentencing discretion. In developing these norms, the ICTY helped to build a foundation that other international courts, and perhaps some national courts, are likely to rely on for the foreseeable future.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"790 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125420223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
When Justice is Done 当正义得到伸张
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0023
J. Wijk, Barbora Holá
{"title":"When Justice is Done","authors":"J. Wijk, Barbora Holá","doi":"10.1093/oso/9780198862956.003.0023","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0023","url":null,"abstract":"Until 2017 the International Criminal Tribunal for the former Yugoslavia (ICTY) has acquitted eighteen and convicted eighty-two individuals, of whom the vast majority have been given determinate sentences. It was the first tribunal to experiment with establishing sentencing agreements with States in order to enforce these sentences and to develop and adopt early release procedures. This chapter presents an overview of the post-trial dilemmas that the ICTY and enforcement States have faced. Special attention is given to the phase of designating an enforcement State, prison of international prisoners, factors that justify their (early) release, and what happens to the individuals after their release or following their acquittal. The data presented are based on an analysis of case law, academic literature, and interviews with stakeholders at the ICTY, enforcement States as well as in the former Yugoslavia. The findings are contrasted with post-conviction practices at other international tribunals, assessing ICTY’s legacy when it comes to post-conviction issues.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130998575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Muzzling the Press 钳制媒体言论
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0017
Audrey Fino, Sandra Sahyouni
{"title":"Muzzling the Press","authors":"Audrey Fino, Sandra Sahyouni","doi":"10.1093/oso/9780198862956.003.0017","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0017","url":null,"abstract":"Chapter 16 deals with contempt cases against journalists. Restrictions on freedom of the press have been striking at international criminal tribunals, where violations of protective measures granted to, for example, witnesses have led to several landmark yet controversial prosecutions of journalists for contempt of court. This chapter examines these practices from a human rights law perspective, as part of the recognized exceptions to the principle of public trials. In doing so, it reviews the law and jurisprudence of international and hybrid tribunals, including the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Tribunal for Lebanon (STL), and the International Criminal Court (ICC). In addition, it surveys contempt of court, offences against the administration of justice, and the law on reporting restrictions in a number of common law and civil law domestic jurisdictions. It concludes that the right to freedom of the press in the context of international criminal trials is not absolute, and that limits ordered by international tribunals, despite the polemics they may cause, are actually fully in line with both human rights law and domestic legal trends.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125484117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Moral Legacy of the ICTY 前南问题国际法庭的道德遗产
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0005
M. Soares
{"title":"The Moral Legacy of the ICTY","authors":"M. Soares","doi":"10.1093/oso/9780198862956.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0005","url":null,"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.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132538104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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