Judging History: The Historical Record of the International Criminal Tribunal for the Former Yugoslavia

2005 ◽  
Vol 27 (3) ◽  
pp. 908-942 ◽  
Author(s):  
Richard Wilson
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Historical Record ◽  
Former Yugoslavia

Remaking the Record: Emigrant Fiction and Restorative Justice in the Former Yugoslavia

2016 ◽  
Vol 13 (1) ◽  
pp. 145-166
Author(s):  
Audrey J. Golden
Keyword(s):  
Restorative Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Historical Record ◽  
Former Yugoslavia ◽  
The Novel ◽  
Postmodern Fiction ◽  
Liminal Spaces ◽  
The Law ◽  
Narrative Forms

As the International Criminal Tribunal for the former Yugoslavia (ICTY) nears its end, questions about victimhood and restorative justice remain salient. Can the law adequately attend to victim trauma? Focusing on the remedial notion of “making whole” a victim of atrocity, this article looks to Aleksandar Hemon’s first novel, The Question of Bruno (2000), to illuminate legal limitations to facilitating human recovery. Hemon is a Bosnian immigrant who departed Sarajevo in 1992 and began writing in English several years later. Exhibiting the fragmentation typical in postmodern fiction, Hemon’s work can be situated in a distinct literary moment. Yet the novel also creates new narrative forms that incorporate the reader in a restorative task. While considering the gaps in the remedial procedures at the ICTY, I argue that The Question of Bruno implores its reader to reconstruct a new kind of historical record that heals, while acknowledging the liminal spaces from which many victims speak and write.

scholarly journals Case Study: The International Criminal Tribunal for the Former Yugoslavia’s Court Transcripts in Bosnian/Croatian/Serbian—Part 1: Needs, Feasibility, and Output Assessment

2021 ◽  
Vol 15 (2) ◽  
pp. 37-48
Author(s):  
Besmir Fidahić
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Historical Record ◽  
Former Yugoslavia ◽  
The Past ◽  
Court Record ◽  
Totalitarian Regimes ◽  
Insight Into ◽  
Made In

International Criminal Tribunal for the Former Yugoslavia (ICTY) remains the most important organization for the past, the present, and the future of the former Yugoslavia. Faced with a country that always lived under totalitarian regimes with very little insight into actions of the groups and individuals who reaped unthinkable havoc on each other at the end of the twentieth century, the ICTY set undisputable historical record about events that took place during the 1991–1999 wars and put the country on an excellent track towards transformation for the better. But even 28 years since the establishment of the ICTY, the former Yugoslavia remains the hotbed of nationalism, ethnic divisions, genocide denial, and genocide justification. Court transcripts belong to the category of the permanent court record. The ICTY court transcripts have only been made in English and French, but not in Bosnian/Croatian/Serbian (B/C/S), the languages of the former Yugoslavia. This paper is going to examine the needs for the ICTY court transcripts in the B/C/S, could they have been made in the B/C/S from the very beginning of the institution and whether the existing ICTY court transcripts in the B/C/S are up to par for any of its audiences.

Individual Criminal Responsibility before the International Criminal Court

2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Individual Criminal Responsibility

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

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