Gender Justice or Just Gender? The Role of Gender in Sexual Assault Decisions at the International Criminal Tribunal for the Former Yugoslavia

2007 ◽  
Vol 88 (5) ◽  
pp. 1049-1071 ◽  
Author(s):  
Kimi Lynn King ◽  
Megan Greening
Keyword(s):  
Sexual Assault ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Gender Justice

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 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 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.

Case Analysis: The Protection of the Interests of Witnesses – The ICTY in Comparison to the Future ICC

1999 ◽  
Vol 12 (2) ◽  
pp. 455-478 ◽  
Author(s):  
Åsa Rydberg
Keyword(s):  
International Criminal Court ◽  
Crucial Role ◽  
Rome Statute ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Analysis ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
The Future

Thus far, witnesses have played a crucial role in most proceedings before the International Criminal Tribunal for the former Yugoslavia. It can be expected that this will also be the case in the proceedings before the future International Criminal Court. The author of the note focuses on the position of witnesses and compares the rules, practices, and experiences of the Tribunal with the Rome Statute in this respect. In particular, the support and protection of witnesses and the role of the Victims and Witnesses Units of the respective courts will be discussed.

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