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.

scholarly journals The Norm of Justice and the Negotiation of the Rambouillet/Paris Peace Accords

2000 ◽  
Vol 13 (1) ◽  
pp. 207-217
Author(s):  
Paul R. Williams
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Government Officials ◽  
Peace And Justice ◽  
High Government ◽  
Made In

With the creation of the International Criminal Tribunal for the Former Yugoslavia and the imminent creation of a permanent International Criminal Court, as well as the proliferation of public statements by high government officials endorsing the norm of justice, many commentators are hypothesizing that the long running tension between peace and justice may be undergoing a period of reconciliation. A brief review of the efforts to incorporate the norm of justice in the Rambouillet/Paris Accords and UNSC 1244 indicates that only minimal progress has been made in the reconciliation between the quest for a negotiated peace and the norm of justice. As the most powerful nation committed to the rule of law, we have a responsibility to confront these assaults on humankind. One response mechanism is accountability, namely to help bring the perpetrators of genocide, crimes against humanity, and war crimes to justice. If we allow them to act with impunity, then we will only be inviting a perpetuation of these crimes far into the next millennium. Our legacy must demonstrate an unyielding commitment to the pursuit of justice.David SchefferUS Ambassador for War Crimes The search for a juster peace than was obtainable at the negotiating table has inflicted hardship and havoc on innocent civilians within the former Yugoslavia and exacted a heavy price from the already weak economies of the neighboring states.David OwenCo-Chair of the International Conference for the former Yugoslavia

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.

Applying International Experiences in National Prosecutions of Conflict-related Sexual Violence

2020 ◽  
Vol 18 (2) ◽  
pp. 325-348
Author(s):  
Jasenka Ferizović ◽  
Gorana Mlinarević
Keyword(s):  
Sexual Violence ◽  
Bosnia And Herzegovina ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Former Yugoslavia ◽  
International Experiences ◽  
Judicial Proceedings

Abstract This article explores the synergies between international and national experiences in prosecutions of conflict-related sexual violence (CRSV) through a case study of the application of international case law, findings, and practices in national judicial proceedings in Bosnia and Herzegovina (BiH). The article analyses how the Court of BiH applies the substantive and procedural case law of the International Criminal Tribunal for the former Yugoslavia (ICTY) in CRSV cases and examines how this case law impacts national efforts to provide justice and accountability for CRSV. Specifically, this article explores the Court’s practices concerning application of the ICTY jurisprudence, adjudicated facts and procedural standards in CRSV cases. The article shows how relationships between international and national practices are important for building more effective prosecutions of CRSV.

Explaining public opinion on international criminal justice

2014 ◽  
Vol 7 (4) ◽  
pp. 567-591 ◽  
Author(s):  
James Meernik
Keyword(s):  
Public Opinion ◽  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Courts ◽  
Empirical Inquiry ◽  
The Past ◽  
Levels Of Support

Despite the fact that international courts have proven popular in the last 20 years, systematic and empirical inquiry to determine whether they are beginning to realize their objectives is a fairly recent phenomenon. Support among the publics in the affected countries is critical to their success for, as deGuzman writes, ‘… the globalization of communications increasingly means that an institution’s legitimacy depends on the opinions of ordinary citizens around the world’. I develop a theory of public opinion regarding international criminal justice and test it on support for the International Criminal Tribunal for the former Yugoslavia (ICTY), among peoples of the former Yugoslavia. I contend that support for the ICTY is filtered through individuals’ perceptions of the past, present, and future. As one’s beliefs about whether conditions are good or improving grow more positive, such positive perceptions are generalized to extend to international institutions that play a major role in shaping those conditions. In addition, I argue that support for the ICTY is strongly influenced by an individual’s views of the legitimacy and morality of the law. Ethnicity is also important in differentiating levels of support across the peoples of the former Yugoslavia.

scholarly journals Does Remorse Count? ICTY Convicts’ Reflections on Their Crimes in Early Release Decisions

2018 ◽  
Vol 28 (4) ◽  
pp. 349-371 ◽  
Author(s):  
Barbora Hola ◽  
Joris van Wijk ◽  
Francesca Constantini ◽  
Armi Korhonnen
Keyword(s):  
Decision Making ◽  
International Criminal ◽  
Personal Responsibility ◽  
International Criminal Tribunal ◽  
Analytical Framework ◽  
Former Yugoslavia ◽  
General Level ◽  
Offender Rehabilitation ◽  
Early Release ◽  
The Past

Based on all publicly available International Criminal Tribunal for the Former Yugoslavia (ICTY) early release decisions as of May 31, 2017, this explorative article empirically analyzes, systematizes, and evaluates how ICTY convicts reflected on their past crimes during early release proceedings and how this affected decision-making of the ICTY President regarding their level of rehabilitation and early release. For this purpose, we developed an analytical framework distinguishing between acknowledgement of responsibility and remorse, as two forms of reflection on the past crimes, and their general and personal dimensions. Our analysis demonstrates that of all 53 individuals early released at the ICTY, 36% were considered sufficiently rehabilitated and a part of their sentence pardoned without any information regarding their outlook on the crimes they had been convicted of. Only 19% of the early released prisoners acknowledged their personal responsibility and expressed remorse for the crimes they committed. Others denied, only partially accepted responsibility and/or showed remorse on a general level, which, however, did not bar their early release. The article argues that this haphazard practice brings into question the ICTY legacy with respect to its goal of offender rehabilitation and its potential effects on reconciliation in the 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.

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.

Sign in / Sign up

Export Citation Format

Share Document