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.

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.

Defence Investigative Ethics

2020 ◽  
pp. 251-281
Author(s):  
Michael G. Karnavas
Keyword(s):  
Best Practices ◽  
Hybrid System ◽  
International Criminal ◽  
Civil Law ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Practical Advice ◽  
System P ◽  
Defence Counsel ◽  
Trial Advocacy

The investigation of war crimes has proved to be a challenging task for the Defence at the International Criminal Tribunal for the former Yugoslavia (ICTY). At the Court’s infancy, civil trained defence counsel with no experience in adversarial party-driven procedures were unfamiliar with aspects of case preparation and trial advocacy, such as gathering evidence by conducting their own investigation, or cross-examination through leading questions based on a coherent theory of the case. These adversarial modalities also came with specific ethical duties. This chapter offers some practical advice and best practices relevant to Defence Counsel practising in national jurisdictions of the former Yugoslavia region and elsewhere, where adversarial modalities similar to those found in the ICTY procedure have been adopted in reforming their criminal procedures—transitioning them from civil law to a more hybrid system.

The Power of the Beaten Path

2018 ◽  
Author(s):  
William A. Schabas
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Tribunals ◽  
Head Of State ◽  
The Creation ◽  
Paris Peace Conference

The introductory chapter explains contemporary interest in legal developments a century ago. Discussions and decisions at the Paris Peace Conference in 1919 were the beginning of debates that continue to this day. The chapter looks in some detail at the criminality of starting a war, today known as the crime of aggression, the immunity that can be invoked by a Head of State like the Kaiser, and problems of attributing criminal responsibility to those who are not physically involved in the crime. It also addresses the creation of international criminal tribunals, which began with the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

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.

scholarly journals Prosecutor v. Dragan Nikolić: Decision on Defence Motion on Illegal Capture

2003 ◽  
Vol 16 (3) ◽  
pp. 541-552 ◽  
Author(s):  
JAMES SLOAN
Keyword(s):  
Federal Republic ◽  
Bosnia And Herzegovina ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
The Subject ◽  
Defence Counsel ◽  
The Hague

In November 1994 the International Criminal Tribunal for the former Yugoslavia (ICTY), indicted its first accused, Dragan Nikolić. It was not until over five years later, however, in April 2000, that he was finally arrested and transferred to The Hague. The circumstances of his arrest – which reportedly featured his being violently abducted from his home in the Federal Republic of Yugoslavia (FRY) by Serbian criminals before being transferred to the NATO-led Stabilization Force in Bosnia and Herzegovina and, ultimately, to the ICTY in The Hague – were the subject of a pre-trial motion. Nikolić's defence counsel asserted that the nature of his capture was such that the appropriate remedy was to dismiss the charges against him and order his return to the FRY. They made this assertion despite an admission, for the purposes of the motion, that the captors lacked any connection with SFOR or the ICTY. The trial chamber rejected the motion. In reaching its decision, the trial chamber considered fundamental issues about what constituted an illegal capture for the purposes of the ICTY and, without explicitly doing so, appeared to reject the view of the Court in Eichmann that a person may not oppose his being tried by reason of the illegality of his capture.

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