Was it Worth it?

2020 ◽  
pp. 355-370
Author(s):  
Petar Finci
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Justice ◽  
Target Groups ◽  
Outreach Programme ◽  
Short And Long Term ◽  
Long Term Impact ◽  
The Impact

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.

scholarly journals The impact of certain aspects of international criminal justice upon interdependent processes of democratization and reconciliation in Bosnia and Herzegovina

2021 ◽  
pp. 6-21
Author(s):  
Marina Draganovna Maier
Keyword(s):  
Criminal Justice ◽  
Bosnia And Herzegovina ◽  
Quantitative Research ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Justice ◽  
International Criminal Justice ◽  
Post Conflict ◽  
The Impact ◽  
Reconciliation Process

It is difficult to assess the processes of democratization and reconciliation in post-conflict societies. The factors that affect reconciliation are yet to be fully determine in the academic literature. It is also unclear to what extent each element may promote or obstruct the reconciliation process. The author explores the interrelation and interdependence of the concepts of democratization and reconciliation on the example of the post-conflict region of Bosnia and Herzegovina, and focuses on the impact of international criminal justice upon the processes of democratization and reconciliation. The article covers the current political situation in Bosnia and Herzegovina, as well as assesses the performance of the institutions of international justice, such as the International Criminal Tribunal for the Former Yugoslavia. The author believes that the literature missed so factors that may contribute to reconciliation. An assumption is made that released prisoners may influence the reconciliation process, and this should be viewed as a separate and crucial sub-factor of the consequences of international criminal justice. The author recommends to use all available information and carry out quantitative research in the affected region, assessing public opinion with application of a more nuanced approach towards differentiation of the aspects of international criminal justice. Analysis is conducted on the limited impact of international justice upon the reconciliation process. A hypothesis is advances on interrelation between the aforementioned sub-factor and the processes of reconciliation and democratization.

scholarly journals A Quiet Transformation? Efficiency Building in the “Fall” of International Criminal Justice

2019 ◽  
Vol 19 (3) ◽  
pp. 445-474
Author(s):  
Annika Jones
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Structured Interviews ◽  
Justice Process ◽  
The One ◽  
The Impact

In recent years, international criminal justice mechanisms have come under increasing pressure to improve their efficiency, i.e. to reduce costs and increase their speed of operation. Drawing from semi-structured interviews with staff and stakeholders in proceedings at the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia and the Extraordinary Chambers in the Courts of Cambodia, this article argues that pressure for efficiency and related reform is supporting ‘quiet transformation’ in the balance between conflicting goals that underpin the international criminal justice process; in particular, between the pursuit of accountability, on the one hand, and demand for fairness and victim satisfaction, on the other. It highlights the need for greater engagement with the underlying policy issues that efficiency building raises and for ongoing, sustained empirical research into the impact of efficiency building on the ability of international criminal courts and tribunals to realise their goals.

The Trial of the Kaiser

2018 ◽  
Author(s):  
William A. Schabas
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Justice ◽  
World War ◽  
Treaty Of Versailles ◽  
The First World War ◽  
International Morality ◽  
First Time ◽  
First World

Today’s elaborate system of international criminal justice originates in proposals at the end of the First World War to try Kaiser Wilhelm II before an international criminal tribunal. In the weeks following 11 November 1918, the British, French, and Italian Governments agreed on a trial. Lloyd George campaigned for re-election on the slogan ‘Hang the Kaiser’. The Kaiser had fled to the Netherlands, possibly after receiving signals from the Dutch Queen that he would be welcome. Renegade US soldiers led by a former Senator failed in a bizarre attempt to take him prisoner and bring him to Paris. During the Peace Conference, the Commission on Responsibilities brought international lawyers together for the first time to debate international criminal justice. They recommended trial of the Kaiser by an international tribunal for war crimes, but not for starting the war or violating Belgian neutrality. The Americans were opposed to any prosecution. However, President Wilson changed his mind and agreed to trial for a ‘supreme offence against international morality’. This became a clause in the Treaty of Versailles, one of the few that the Germans tried to resist. Although the Allies threatened a range of measures if the former Emperor was not surrendered, the Dutch refused and the demands were dropped in March 1920. The Kaiser lived out his life in a castle near Utrecht, dying of natural causes in June 1941. Hitler sent a wreath to the funeral.

The ICTY is Dead! Long Live the ICTY!

2020 ◽  
pp. 71-82
Author(s):  
Carsten Stahn
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Institutional Culture ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
History Of ◽  
The Many

The chapter sets the International Criminal Tribunal for the former Yugoslavia (ICTY) legacies into a broader context of international criminal justice. It presents different approaches towards the many legacies of the ICTY. The chapter engages with the several phases that the Tribunal has passed, discussing their positive and negative points. It then examines the normative legacy of the ICTY, arguing that, although some gaps exist, the overall record of the ICTY is marked with several normative innovations. The chapter then visits the procedural legacy of the ICTY, in the sense of how the Tribunal made justice heard and seen. Lastly, the chapter discusses the institutional culture of the ICTY and its legacy to other international criminal tribunals. With this analysis, the chapter claims that the ICTY legacies are living beings, which will continue to be transformed throughout the history of international criminal justice.

Wet weather water quality modelling of a Portuguese urban catchment: difficulties and benefits

2002 ◽  
Vol 45 (3) ◽  
pp. 131-140 ◽  
Author(s):  
L.M. David ◽  
R.S. Matos
Keyword(s):  
Water Quality ◽  
River Flow ◽  
Integrated Approach ◽  
Integrated Modelling ◽  
Sewer System ◽  
Deterministic Modelling ◽  
Short And Long Term ◽  
Long Term Impact ◽  
The Impact

This paper discusses the use of water quality deterministic modelling together with an integrated approach to assess the impact of urban stormwater discharges into ephemeral watercourses, based on the study of a Portuguese catchment. The description of the main aspects, difficulties and benefits found during data collection and model calibration and verification is presented, and the associated uncertainties and errors discussed. Experimental results showed a strong short- and long-term impact of sewer discharges on rivers, and confirmed deposition, resuspension and transport of pollutants as important processes for the water quality. However, the resuspension of riverbed sediment pollutants during storms was probably more significant than the direct impact of the urban discharges. The HydroWorks™ model was used since it allows for the calculation of pollutant build-up on catchment surfaces and in gully pots, their wash-off, and the deposition and erosion of sediments in sewers. However, it uses several constants, which could not be independently calibrated, increasing the uncertainty already associated with the data. River flows have quite different magnitude from the sewer system overflows, which, together with the difficulties in evaluating river flow rates, makes the integrated modelling approach rather complex and costly.

scholarly journals Gender Justice Beyond the Tribunals: From Criminal Accountability to Transformative Justice

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 227-233
Author(s):  
Kirsten Campbell
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Gender Justice ◽  
International Criminal Justice ◽  
Transformative Justice ◽  
International Criminal Tribunals ◽  
Gender Based

What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals. However, this characterization does not capture the wider challenges that gender based crimes have raised for the Tribunals, including other legacies of gendered hierarchiesand inequalities.How, then, is it possible to move past these issues to build international criminal justice so that it transforms, rather than reproduces, gendered injustices?

Remarks by Christine van den Wyngaert

2017 ◽  
Vol 111 ◽  
pp. 327-330
Author(s):  
Christine van den Wyngaert
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Positive Direction ◽  
The United Kingdom ◽  
International Court ◽  
New States ◽  
Year 2000

As you can see, I'm a veteran in the field of international criminal justice, having served on all these courts. I came to The Hague in the year 2000 for the Arrest Warrant case at the International Court of Justice (ICJ), and looking back at that period, it feels like these were the halcyon years of international criminal justice. The International Criminal Tribunal for the former Yugoslavia (ICTY) was up to speed, the International Criminal Tribunal for Rwanda (ICTR). The International Criminal Court (ICC) had been created. The Rome Statute was brand new. States were exercising universal jurisdiction. In the United Kingdom, we had the Pinochet case. So everything seemed to go in a very much forward, positive direction.

Appeal may reject UN tribunal's Yugoslav acquittal

2016 ◽  
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Political Instability ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
Prison Sentence ◽  
Content Type ◽  
Post Conflict ◽  
The Hague

Significance The verdict runs counter to 20 years of jurisprudence and history at the International Criminal Tribunal for the former Yugoslavia (ICTY). It undermines the idea of using international criminal justice to assist in post-conflict reconstruction and reconciliation. It has caused disbelief, disappointment and anger in Croatia and Bosnia, especially among victims, and generated political instability in Serbia. Impacts The controversial judgment will further discredit the ICTY and the very idea of international criminal justice in the eyes of critics. It followed Karadzic's 40-year prison sentence, which has dismayed victims and observers expecting a harsher sentence. Despite working towards closure in 2017, the ICTY is very likely to grant an appeal. However, Seselj himself is unlikely to reappear in The Hague voluntarily.

The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 491-501 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
The Other ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Complex Concept ◽  
International Criminal Tribunals

AbstractHaving identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

Sign in / Sign up

Export Citation Format

Share Document