Left Behind? Cultural Destruction, the Role of the International Criminal Tribunal for the Former Yugoslavia in Deterring it and Cultural Heritage Prevention Policies in the Aftermath of the Balkan Wars

2013 ◽  
Vol 21 (1) ◽  
pp. 1-13
Author(s):  
Marc Balcells
Keyword(s):  
Cultural Heritage ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Prevention Policies ◽  
Left Behind ◽  
Balkan Wars

Emotions, De/Attachment, and the Digital Archive: Reading Violence at the International Criminal Tribunal for the Former Yugoslavia (ICTY)

2021 ◽  
pp. 030582982110330
Author(s):  
Caitlin Biddolph
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Research Process ◽  
Global Politics ◽  
Former Yugoslavia ◽  
Digital Archives ◽  
Ethical Concerns ◽  
Emotional Process ◽  
Affective Experiences

The study of global politics is not an exercise in objectivity and rationality, but one that is embodied, personal, and deeply affective. Feminist scholarship both within and outside of International Relations (IR) have pioneered discussions of embracing our affective experiences as researchers, as well as maintaining ethical commitments to research participants and collaborators. In addition to feminist contributions, the emotional turn in IR has seen the emergence of vibrant scholarship exploring the role of emotions in sites and processes of global politics, as well as the role of emotions in the research process. In this article, I aim to contribute to this growing body of scholarship by speaking to these and other questions that explore the role of emotions in researchers’ engagement with their work. In particular, I draw on and interrogate my own emotional entanglements with the digital archives of the International Criminal Tribunal for the former Yugoslavia (ICTY). The goal of this article is to provide insights into the emotional process of reading and interpreting testimonies of violence, and to illuminate ethical concerns that arise – particularly as an ‘outsider’ – when reading and representing trauma in my research.

The translation of evidence at the ICTY

2012 ◽  
Vol 7 (1) ◽  
pp. 54-71 ◽  
Author(s):  
Philip Hepburn
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Theoretical Studies ◽  
Translation Strategies

The article examines the role of translators at the International Criminal Tribunal for the Former Yugoslavia and how their translations of evidentiary documents are used in trials. Drawing on theoretical studies and practical examples, it rejects the notion that the meaning of source documents can ever be conveyed with complete fidelity and accuracy but shows how this problem is resolved by adopting flexible translation strategies and enabling parties to check translations against the originals at every stage of proceedings. This system, which evolved over a period of many years, is contrasted with the often haphazard organization of translation at the Nuremberg Tribunal.

The International Criminal Law Aspects of the Protection of Global Commons: The Case of Cultural Heritage

2021 ◽  
pp. 211-238
Author(s):  
Francesca Capone
Keyword(s):  
Cultural Heritage ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Legal Framework ◽  
Cultural Property ◽  
International Criminal Law ◽  
Global Commons ◽  
Recent Developments

This chapter addresses the international criminal aspects of the protection of global commons, with particular regard to cultural heritage. As the general principle of respect for cultural heritage transcends the classic scheme of state responsibility for wrongful acts, international criminal law is recognized as one means of protecting cultural heritage for transmission to future generations. In order to reflect on the capacity of international criminal law to effectively enhance the protection of cultural heritage, first, this chapter aims at providing a critical overview of the existing international legal framework as enshrined in the relevant instruments criminalizing any form of intentional destruction of cultural property. Second, the analysis will focus on the role of the International Criminal Tribunal for the former Yugoslavia (ICTY) and its groundbreaking case law. Third, this chapter will discuss the most recent developments of international criminal practice as it applies to the destruction of cultural heritage, examining in particular the Al Mahdi case.

The ICTY and the Defence Legacy

2020 ◽  
pp. 48-61
Author(s):  
Colleen Rohan
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Legal Practice ◽  
Defence Counsel ◽  
The Creation

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.

scholarly journals The Destruction of Cultural Heritage in Armed Conflict: The ‘Human Element’ and the Jurisprudence of the icty

2018 ◽  
Vol 18 (1) ◽  
pp. 36-66 ◽  
Author(s):  
Janine Natalya Clark
Keyword(s):  
Cultural Heritage ◽  
Armed Conflict ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Human Dimensions ◽  
Former Yugoslavia ◽  
Human Element ◽  
Post Conflict ◽  
Conflict Reconciliation ◽  
Practical Implications

During the wars in the former Yugoslavia in the 1990s, extensive attacks on cultural heritage took place. Established in 1993, the International Criminal Tribunal for the former Yugoslavia (icty) has prosecuted some of these cultural heritage crimes, and it is the Tribunal’s work in this regard that constitutes the central focus of this article. Arguing that the icty’s jurisprudence has highlighted a crucial ‘human element’ of cultural heritage destruction, the article identifies two particular ‘human’ dimensions of cultural heritage crimes that can be extracted from the icty’s cases, namely an impact dimension and an intent dimension. If the Tribunal’s jurisprudence has thereby underscored the powerful synergies between crimes against property and crimes against people, these synergies have wider practical implications. Adopting a functionalist view, this article ultimately seeks to show that cultural heritage has a potentially important and largely unexplored role to play in post-conflict reconciliation.

scholarly journals The Role of International Adjudicative Bodies in Prosecuting Genocide Crime: A Case Study of International Criminal Tribunal for the Former Yugoslavia (ICTY)

2021 ◽  
Vol 10 ◽  
pp. 759-765
Author(s):  
Joko Setiyono ◽  
◽  
Kholis Roisah
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Crime ◽  
International Criminal Tribunal ◽  
United Nations Security Council ◽  
Former Yugoslavia ◽  
International Court ◽  
Common Enemy ◽  
Balkan Region

This paper is intended to explain the urgency of the formation of the International Criminal Tribunal for the former Yugoslavia (ICTY), as an ad hoc international court based on United Nations Security Council (UNSC) Resolution No. 827 of 1993, to try perpetrators of genocidal crimes against ethnic Bosnian Muslims. The crime of genocide originated from the ethnic conflict that occurred in the federation of Yugoslavia. The research was conducted by using a qualitative method, based on analysis of data sourced from international journals, books, and other electronic sources. The results conclude that the genocide that occurred against Bosnian Muslim ethnicity is one form of international crime while threatening international peace and security in the Balkan region, also intended to break the practice of impunity against international criminals who are a common enemy of humanity (hostis humans generis). These two considerations form the legal basis for the issuance of the UNSC Resolution on the Establishment of ICTY. The establishment of ICTY as an international court is intended as a court used to try perpetrators of genocidal crimes against Bosnian Muslim ethnicities, so that similar crimes will not be repeated in the future, both in Yugoslavia and in various other countries.

How Bosnia Changed Paddy

2013 ◽  
Vol 27 (4) ◽  
pp. 593-618
Author(s):  
Jonathan May
Keyword(s):  
Bosnia And Herzegovina ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Foreign Country ◽  
Former Yugoslavia ◽  
Executive Power ◽  
Political Evolution ◽  
Bosnian War ◽  
Over Time

As parliamentarian during the Bosnian war, witness at the International Criminal Tribunal for the former Yugoslavia, and finally as politician with considerable executive power in the role of High Representative, the length and multifaceted nature of Paddy Ashdown’s interaction with Bosnia and Herzegovina is atypical. This rarity provides a unique opportunity to examine the factors that influence a politician’s views and understanding of a foreign country and examine how and why they oscillate and develop over time. By first identifying the preconceptions and misjudgements which Ashdown entered the realm of the Bosnian war with in 1992, this paper examines the aforementioned stages in Ashdown’s interactions with the country and subsequently provides a political evolution of his views from 1991 to 2006.

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