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Legacies of the International Criminal Tribunal for the Former Yugoslavia最新文献

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The ICTY and the Defence Legacy 前南问题国际法庭与防务遗产
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0004
Colleen Rohan
{"title":"The ICTY and the Defence Legacy","authors":"Colleen Rohan","doi":"10.1093/oso/9780198862956.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0004","url":null,"abstract":"The chapter presents a defence perspective on the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY). The role of the Defence was initially sidelined in institutional discussions on the tribunal. This chapter traces the creation, functioning, and activities of the Association of Defence Counsel Practising Before the ICTY (ADC-ICTY). It outlines the ADC-ICTY contributions to the institutional legacy of the ICTY in organizing, training, and representing defence counsel thereby improving legal practice and protecting the rights of the accused.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"339 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":"123342764","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
Meandering Jurisprudence and Unanticipated Legacies 曲折的法理学与意想不到的遗产
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0009
M. Drumbl
{"title":"Meandering Jurisprudence and Unanticipated Legacies","authors":"M. Drumbl","doi":"10.1093/oso/9780198862956.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0009","url":null,"abstract":"Assessments of the International Criminal Tribunal for the former Yugoslavia’s (ICTY) jurisprudential legacy tend to focus on the ICTY’s relationships with domestic criminal law. This chapter turns a new corner by examining the ICTY’s unexpected footprints in domestic civil litigation, specifically private tort claims brought in the US under the Alien Tort Statute (ATS, or Alien Tort Claims Act). Incorporation of international (including ICTY) materials in US ATS litigation remains a contested matter in which individual judges (both trial judges and appellate judges) demonstrate idiosyncratic behaviour. Some are ‘international law ignorers’, some are ‘international law enforcers’, some are ‘international law translators’, and some are ‘international law creators’. On this note, the ICTY’s legacy also touches upon broader questions of public international law and transnational legal migrations.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"103 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":"121407804","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 Broken Path to Reconciliation in Bosnia and Herzegovina 波斯尼亚-黑塞哥维那破碎的和解之路
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0031
R. Aloisi
{"title":"The Broken Path to Reconciliation in Bosnia and Herzegovina","authors":"R. Aloisi","doi":"10.1093/oso/9780198862956.003.0031","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0031","url":null,"abstract":"The International Criminal Tribunal for the former Yugoslavia (ICTY) has delivered judgments adjudicating some of the most heinous crimes committed in the Balkans. As the Tribunal’s work comes to an end, judges leave behind a ‘memorial of words’ providing a vivid description of events and sites of atrocities. However, today local authorities in Bosnia and Herzegovina (BiH) use the same places where crimes were committed as a political tool of denial and battleground of ethnic divisions. This chapter assesses the tensions between the truth recounted by the ICTY and the construction of the local collective memory through an analysis of how the sites of atrocities are being used. This chapter argues that, while international justice offers some resolution to a post-war divided society, a full reconciliation is only possible when the communities acknowledge the occurrence of atrocities and the right of victims to visit these places to mourn and remember.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"130 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":"126805494","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
Whither Thou Truth and Justice 真理和正义，你到哪里去
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0014
K. King, James Meernik
{"title":"Whither Thou Truth and Justice","authors":"K. King, James Meernik","doi":"10.1093/oso/9780198862956.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0014","url":null,"abstract":"Chapter 13 examines micro-level components shaping the witness experience. It develops a model of procedural justice to examine witness perceptions about the search for historical truth and justice. Based on extensive survey data from witnesses who testified before the International War Crimes Tribunal for the former Yugoslavia, the study evaluates in depth the impact of testifying. The chapter uses logistic regression to evaluate whether certain testimonial challenges such as trial delays, language translation difficulties, and other stressors associated with the process of testifying contribute to perceptions about about witnesses’ contributions to truth and justice. Notably, we find ethnic and gender differences among the witnesses regarding whether they believed they have contributed to truth and justice by having testified, and the findings reveal limited support for the proposition that if witnesses feel they have been treated fairly they are more likely to believe they have contributed to justice.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"12 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":"125620168","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 ICTY, Truth, and Reconciliation 前南问题国际法庭、真相与和解
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/OSO/9780198862956.003.0032
J. Clark
{"title":"The ICTY, Truth, and Reconciliation","authors":"J. Clark","doi":"10.1093/OSO/9780198862956.003.0032","DOIUrl":"https://doi.org/10.1093/OSO/9780198862956.003.0032","url":null,"abstract":"Exploring the question of whether the International Criminal Tribunal for the former Yugoslavia’s (ICTY) work has contributed to inter-ethnic reconciliation in the former Yugoslavia, this inter-disciplinary chapter adopts a novel perspective by extending the purview beyond factual truths. It focuses on meta-normative truths. These higher-level truths are not about who did what to whom, but about human suffering and the (im)morality of particular behaviours and conduct in war. Precisely because they transcend ethnic belonging, these truths provide a stronger basis for building reconciliation than frequently-contentious factual truths. The chapter maintains that meta-normative truths have the greatest potential to alter localized meta-affective contexts that fuel denial, support for convicted war criminals and the persistence of competing ethnic narratives. Although the Tribunal has now completed its mandate, it can indirectly contribute to inter-ethnic reconciliation if the meta-normative truths implicit in its work are given more attention and actively utilized in reconciliation efforts.","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":"131062634","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: 12
The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina 前南问题国际法庭对波斯尼亚-黑塞哥维那战争的公众记忆(缺乏)影响
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0030
Jovana Mihajlović Trbovc
{"title":"The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina","authors":"Jovana Mihajlović Trbovc","doi":"10.1093/oso/9780198862956.003.0030","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0030","url":null,"abstract":"This chapter tackles relations between facts established at the Tribunal and acknowledgement of these in the public domain of post-war Bosnia and Herzegovina (BiH), where three ethnically defined and mutually contesting interpretations dominate the public forum. Examining how this problem unfolds, this chapter follows the development of the public memory about the war. It intersects with the relevant International Criminal Tribunal for the former Yugoslavia (ICTY) jurisprudence, aiming to detect potential changes in the dominant narrative. It analyses public debates whether the war was a product of Serbian aggression or a civil war within Bosnia; whether ‘ethnic cleansing’ was pre-planned by the Serbian side or an inevitable consequence of the war (examined through the Prijedor case); whether genocide was the overall aim of the Serbian side or whether it took place only in Srebrenica; and whether the Croatian side was a defender of, or aggressor in BiH (examined through the Ahmići case).","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"18 4 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":"129723478","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 Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia 前南斯拉夫问题国际刑事法庭青年外展活动的遗产
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0020
Adrian M. Plevin
{"title":"The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia","authors":"Adrian M. Plevin","doi":"10.1093/oso/9780198862956.003.0020","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0020","url":null,"abstract":"As the years since the conflict occurred continue to pass and a generation not born into conflict comes of age, youth outreach in the region of the former Yugoslavia became an area worthy of focused attention. Outreach proved increasingly important for maintaining the relationship between the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the region of the former Yugoslavia in the final years of the ICTY’s mandate. Also of particular importance is the need to consider the future strategies for youth outreach in the region. This chapter examines the development of youth outreach programming. It explores its significance and examines possible initiatives for future youth outreach as a tool for supporting wider peace-building initiatives; with the hope that the youth will be the future custodians of the ICTY’s legacy.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"24 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":"114363380","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
Was it Worth it? 值得吗?
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0019
Petar Finci
{"title":"Was it Worth it?","authors":"Petar Finci","doi":"10.1093/oso/9780198862956.003.0019","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0019","url":null,"abstract":"The International Criminal Tribunal for the former Yugoslavia’s (ICTY) Outreach Programme was a new effort in the field of international criminal justice, with little existing experience to build upon. Relying on fundraising for financing and operating in sometimes openly hostile political circumstances in the former Yugoslavia, the Outreach Programme nevertheless managed to engage its target groups over nearly two decades. This chapter starts with an analysis of the early activities of the Outreach Programme, with particular focus on evaluation (or the lack thereof) of the impact. It then offers a more detailed discussion of outreach projects implemented from 2010 onwards and some differences in evaluation of their short- and long-term impact. It concludes with some recommendations on possible ways to use the experiences beyond the closure of the ICTY.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"77 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":"128196796","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
Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law 塞尔维亚与前南问题国际法庭在调查和起诉违反国际人道主义法行为方面的合作
Legacies of the International Criminal Tribunal for the Former Yugoslavia Pub Date : 2020-06-11 DOI: 10.1093/oso/9780198862956.003.0026
T. Dawson, L. Hellman
{"title":"Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law","authors":"T. Dawson, L. Hellman","doi":"10.1093/oso/9780198862956.003.0026","DOIUrl":"https://doi.org/10.1093/oso/9780198862956.003.0026","url":null,"abstract":"Tatjana Dawson and Ljiljana Hellman examine the cooperation between the Republic of Serbia and the International Criminal Tribunal for the former Yugoslavia (ICTY) by Serbian authorities. The chapter discusses the Completion Strategy of the ICTY and how this triggered cooperation in many areas. These areas included cooperation for the reform of Serbian national law, the transfer of cases indicted or investigated by the ICTY, mutual legal assistance in the region of the former Yugoslavia, capacity building projects, and access to confidential ICTY records. The chapter provides an overview of cases of International Humanitarian Law (IHL) violations that Serbia has prosecuted to date. It highlights some of the obstacles that Serbian legal professionals face when bringing these war crimes cases to trial.","PeriodicalId":336191,"journal":{"name":"Legacies of the International Criminal Tribunal for the Former Yugoslavia","volume":"13 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":"134295525","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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