Mladic genocide verdict would restore faith in justice

2016 ◽  
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
International Justice ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Content Type ◽  
Significant Opportunity

Significance While broadly successful, the International Criminal Tribunal for the former Yugoslavia (ICTY) has had an uneven record, with some cases and verdicts causing great surprise and making many observers question its value. Its last case is the trial of Bosnian Serb General Ratko Mladic, which will define its reputation and long-term legacy, and offers the chance both to remedy its failings and suggest how to proceed in similar situations. Impacts ICTY has helped develop international criminal law and institutions, which would not have come into being without its precedent or momentum. The Mladic verdict is a significant opportunity to restore the reputation of international justice. The Syrian war highlights international criminal justice’s failures and weaknesses, and the continuing need for war crimes prosecutions.

The Good Deeds of International Criminal Defendants

2012 ◽  
Vol 25 (3) ◽  
pp. 799-813 ◽  
Author(s):  
JEAN GALBRAITH
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
The Other ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
International Criminal Tribunals ◽  
Good Deeds

AbstractInternational criminal tribunals try defendants for horrific acts: genocide, war crimes, and crimes against humanity. At sentencing, however, evidence often arises of what I will call defendants’ ‘good deeds’ – humanitarian behaviour by the defendants towards those on the other side of the conflict that is conscientious relative to the culture in which the defendants are operating. This article examines the treatment of good deeds in the sentencing practices of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda. I show that the tribunals’ approaches are both undertheorized and internally inconsistent. I argue that the tribunals should draw upon the goals that underlie international criminal law in developing a coherent approach to considering good deeds for sentencing purposes.

scholarly journals Justice and reconciliation in the International Criminal Tribunal for the Former Yugoslavia

2008 ◽  
Vol 60 (1) ◽  
pp. 31-46
Author(s):  
Aleksandar Fatic ◽  
Aleksandra Bulatovic
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Criminal Court ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
General Philosophy ◽  
A Value ◽  
Philosophy Of Punishment

By discussing the general philosophy of punishment in its contours, the authors attempt to establish conceptual connections between the philosophical roots of international criminal law for war crimes and reconciliation as an overarching goal of international criminal justice. Reconciliation is discussed in the paper both as a value and as a process and the authors strive to practically underline the issue of the capability of the International Criminal Tribunal for the Former Yugoslavia (ICTY) to actually serve the purpose of reconciliation. The authors conclude that the ITCY suffers from substantial deficiencies in its capability to effect reconciliation, not because it is politically biased, as is often remarked by analysts, but rather because of procedural and substantive legal problems encountered in its operation that shape it as less than an adequate criminal court generally speaking.

The Practice of International Criminal Law. Some Reflections from an icty Prosecutor

2017 ◽  
Vol 17 (2) ◽  
pp. 398-415
Author(s):  
Michelle Jarvis
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Career Path ◽  
International Criminal Tribunal ◽  
Academic Community ◽  
International Justice ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Future Directions ◽  
The Many

In this article, the author reflects back over fifteen years working at the International Criminal Tribunal for the former Yugoslavia (icty) to describe the practice of international criminal law. Written from a prosecutor’s perspective, the article explores some of the challenges international justice practitioners face as well as the many rewards that come with working in this field. The article also highlights the rapidly changing contours of international justice as a career path and possible future directions for those working within it, as well as the need for more collaboration between international justice practitioners and the academic community in the future.

Some Kind of Justice

2018 ◽  
Author(s):  
Diane Orentlicher
Keyword(s):  
Transitional Justice ◽  
Interdisciplinary Research ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
International Justice ◽  
Former Yugoslavia ◽  
Local Impact ◽  
Over Time

Created in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) has operated longer than any war crimes tribunal in history. It thus offers a singularly important case study of how and why the local impact of an international criminal tribunal (ICT) evolves over time; the circumstances in which international justice can advance the normative, reparative, and other aims of transitional justice; and, more generally, the goals ICTs are either well-suited or unlikely to advance. The book explores the ICTY’s impact in Serbia, whose wartime leader plunged the former Yugoslavia into vicious ethnic conflict, and Bosnia-Herzegovina, which experienced searing atrocities culminating in the Srebrenica genocide, over the life of the Tribunal. It focuses on the Tribunal’s impact in three spheres: victims’ experience of justice; official, elite, and community discourses about wartime atrocities, as well as official gestures of acknowledgment; and domestic accountability processes, including the work of a hybrid court in Bosnia. While highlighting the perspectives of Bosnians and Serbians interviewed by the author, the book incorporates a rich body of interdisciplinary research to deepen their insights.

Commentary: The Čelebići Case: A Comment on the Main Legal Issues in the ICTY's Trial Chamber Judgment

2000 ◽  
Vol 13 (1) ◽  
pp. 105-138
Author(s):  
Lyal S. Sunga
Keyword(s):  
Criminal Law ◽  
Future Development ◽  
Armed Conflict ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Legal Issues ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
The Status

The Čelebići Trial Judgment, rendered by the International Criminal Tribunal for the Former Yugoslavia – the first ever to involve the joint trial of more than one accused – considers numerous important issues, from the method of interpreting international criminal law, the meaning and interrelationship between Articles 2 and 3 of the Statute, the character of the armed conflict and the status of “protected persons”, to many difficult questions surrounding the heinous acts perpetrated in Čelebići Camp. This comment analyzes the reasoning of the Trial Chambers to critically evaluate the significance of this fascinating case for the future development of international criminal law doctrine.

scholarly journals Postcard from the ICTY

2018 ◽  
pp. 366-376
Author(s):  
Sophie Rigney
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Core Component

This chapter examines a postcard, readily available at the International Criminal Tribunal for the Former Yugoslavia (ICTY). It argues that the postcard demonstrates international criminal law’s preoccupation with two aims: ending impunity, and providing a meaningful voice for victims. The chapter also examines how the postcard is used in the branding and marketing of international criminal law. But why does an object designed to ‘market’ an international criminal tribunal use language and imagery that suggests guilt? And what does the placement of the victim’s and accused’s handcuffs tell us about the place of the victim and the accused in these trials? As a marketing technique, this postcard promotes certain aspects of international criminal law—but in doing so, it reinforces unhelpful tropes of good versus evil, of ‘deserving’ victimhood, and of conviction as a core component of international criminal law.

scholarly journals The Main Characteristics of the International Criminal Tribunal for the Former Yugoslavia During its Mandate from 1993 to 2017

SEEU Review ◽  
2019 ◽  
Vol 14 (1) ◽  
pp. 91-116
Author(s):  
Viona Rashica
Keyword(s):  
United Nations ◽  
Security Council ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The Other ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
International Criminal Tribunals

Abstract The tradition of international criminal tribunals which started with the Nuremberg and Tokyo tribunals was returned with the International Criminal Tribunal for the former Yugoslavia. As a result of the bloody wars in the territory of the former Yugoslavia in the 1990s, the Security Council of the United Nations decided to establish the ICTY as an ad hoc tribunal, that was approved by the resolutions 808 and 827. The main purpose of the paper is to highlight the features of the ICTY during its mandate from 1993 to 2017. For the realization of this research are used qualitative methods, based on the bibliography that is related with international criminal law, with special emphasis with the activities of international criminal tribunals. Furthermore, some data are also collected from the credible internet sources, which have valuable information about the procedures of the ICTY and for the International Residual Mechanism for Criminal Tribunals. The results of the study demonstrate that during its mandate, the ICTY was accompanied with a lot of successes which distinguish it from the other international criminal tribunals. At the same time, the ICTY has also a lot of failures, which have come as a result of various political influences within it. The conclusions of this paper aim to increase knowledge about the activity of the ICTY, by offering important information for its establishment and organs, and for its main successes and failures.

scholarly journals Nuremberg Revisited in Burma? An Assessment of the Potential Liability of Transnational Corporations and Their Officials in Burma under International Criminal Law

2021 ◽  
Author(s):  
◽  
Mary Ann Johnson Navis
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Transnational Corporations ◽  
War Crimes ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Legal Personality ◽  
Actus Reus

<p>This dissertation focuses on the role played by officials of transnational corporations and transnational corporations themselves in the situation in Burma. The main aim of this dissertation is to assess the liability of officials of transnational corporations in Burma and transnational corporations in Burma for crimes against humanity such as slave labour and for war crimes such as plunder under International Criminal Law. However at present transnational corporations cannot be prosecuted under International Criminal Law as the International Criminal Court only has jurisdiction to try natural persons and not legal persons. In doing this analysis the theory of complicity, actus reus of aiding and abetting and the mens rea of aiding and abetting in relation to officials of transnational corporations will be explored and analysed to assess the liability of these officials in Burma. In doing this analysis the jurisprudence of inter alia the Nuremberg cases, the cases decided by the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) will be used. This dissertation also examines the problems associated with suing or prosecuting transnational corporations due to the legal personality of transnational corporations and the structure of transnational corporations. At the end of the dissertation some recommendations are made so as to enable transnational corporations to be more transparent and accountable under the law.</p>

scholarly journals Nuremberg Revisited in Burma? An Assessment of the Potential Liability of Transnational Corporations and Their Officials in Burma under International Criminal Law

2021 ◽  
Author(s):  
◽  
Mary Ann Johnson Navis
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Transnational Corporations ◽  
War Crimes ◽  
Criminal Court ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Legal Personality ◽  
Actus Reus

<p>This dissertation focuses on the role played by officials of transnational corporations and transnational corporations themselves in the situation in Burma. The main aim of this dissertation is to assess the liability of officials of transnational corporations in Burma and transnational corporations in Burma for crimes against humanity such as slave labour and for war crimes such as plunder under International Criminal Law. However at present transnational corporations cannot be prosecuted under International Criminal Law as the International Criminal Court only has jurisdiction to try natural persons and not legal persons. In doing this analysis the theory of complicity, actus reus of aiding and abetting and the mens rea of aiding and abetting in relation to officials of transnational corporations will be explored and analysed to assess the liability of these officials in Burma. In doing this analysis the jurisprudence of inter alia the Nuremberg cases, the cases decided by the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) will be used. This dissertation also examines the problems associated with suing or prosecuting transnational corporations due to the legal personality of transnational corporations and the structure of transnational corporations. At the end of the dissertation some recommendations are made so as to enable transnational corporations to be more transparent and accountable under the law.</p>

Sign in / Sign up

Export Citation Format

Share Document