scholarly journals ‘Face to face with horror’

2020 ◽  
Vol 6 (2) ◽  
pp. 23-41
Author(s):  
Caroline Fournet
Keyword(s):  
International Criminal ◽  
Scientific Evidence ◽  
International Criminal Tribunal ◽  
Forensic Sciences ◽  
Mass Grave ◽  
Face To Face ◽  
Scientific Analysis ◽  
Republika Srpska ◽  
The Impact ◽  
Second World

This article focuses on the judicial consideration of the scientific analysis of the Tomašica mass grave, in the Prijedor municipality of Republika Srpska in Bosnia-Herzegovina. Often referred to as the largest mass grave in Europe since the Second World War, this grave was fully discovered in September 2013 and the scientific evidence gathered was included in the prosecution of Ratko Mladić before the International Criminal Tribunal for the Former Yugoslavia. Based on the exhaustive analysis of all the publicly available trial transcripts, this article presents how the Tomašica evidence proved symptomatic of the way in which forensic sciences and international criminal justice intertwine and of the impact of the former over the latter on the admissibility of evidence, the conduct of proceedings and the qualification of the crimes perpetrated.

The Burden of Bearing Witness: The Impact of Testifying at War Crimes Tribunals

2017 ◽  
Vol 63 (2) ◽  
pp. 348-372 ◽  
Author(s):  
Kimi King ◽  
James Meernik
Keyword(s):  
International Criminal ◽  
Theoretical Perspective ◽  
International Criminal Tribunal ◽  
Mass Violence ◽  
Bearing Witness ◽  
Post Conflict ◽  
Adverse Experiences ◽  
The Face ◽  
War Crimes Tribunals ◽  
The Impact

Intersections exist regarding how institutions and individuals respond in the wake of mass violence, and we explore one theoretical perspective: resilience—the ability to overcome in the face of adversity. By controlling for the institutional context, we analyze the microlevel impact of testifying on witnesses who testify. New survey data provide information from 300 prosecution, defence, and Chambers witnesses who appeared at the International Criminal Tribunal for the Former Yugoslavia. We test propositions about resilience related to trauma, motivations, contributions to justice, fair treatment, witness fatigue, and human security. Witnesses who experienced greater trauma, who were more highly motivated, who believed they contributed to justice, and who were satisfied with their current situation were more positive about testifying. Those who believed they were treated fairly by prosecution and defence were less negative. The findings add to the debate about the burden of bearing witness in post-conflict societies and why some overcome adverse experiences related to mass violence.

Il principio di precauzione: il Codice di condotta della Fao per la pesca responsabile e la politica comunitaria della pesca

2009 ◽  
pp. 87-106
Author(s):  
Elisa Fiora Belgrado
Keyword(s):  
Biological Diversity ◽  
Scientific Evidence ◽  
Code Of Conduct ◽  
Well Being ◽  
Economic Benefits ◽  
Aquatic Resources ◽  
Fisheries Policy ◽  
Ancient Times ◽  
The Impact ◽  
Second World

- "From ancient times, fishing has been a major source of food for humanity and a provider of employment and economic benefits to those engaged in this activity. The wealth of aquatic resources was assumed to be an unlimited gift of nature. However, with increased knowledge and the dynamic development of fisheries after the Second World War, this myth has faded in face of the realization that aquatic resources, although renewable, are not infinite and need to be properly managed, if their contribution to the nutritional, economic and social well-being of the growing world's population is to be sustained" (Fao Code of Conduct for Responsible Fisheries - Preface). Thus fishing has to be conducted in a responsible and sustainable manner because fish provides a vital source of food and, at the same time, fishing is closely connected to the environment because, if it is not properly practised can it cause irreparable damage. This work analyses the principle of precaution which was recognized as principle no. 15 in the Declaration of Rio on Environment and Development in 1992 and mentioned at the Conference on Biological Diversity. It represents one of the fundamental principles of the Fao Code of Conduct for Responsible Fisheries and Common Fisheries Policy (Regulation (EC) No 2371/2002 of 20 December 2002). States should apply a precautionary approach choosing the best measures and policy, taking into account the latest scientific evidence available. The aim is «to protect and conserve living aquatic resources, to provide for their sustainable exploitation and to minimise the impact of fishing activities on marine eco-systems.» (article 2 Regulation (EC) No 2371/2002).Parole chiave: scienza, protezione, precauzione, pesca, sviluppo.Key words: Science, Protection, Precaution, Fishing, Development.

scholarly journals Review of Some Procedural Witness Protective Measures at the International Criminal Tribunal for the Former Yugoslavia

2017 ◽  
Vol 13 (34) ◽  
pp. 251
Author(s):  
Romina Beqiri
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Fair Trial ◽  
Former Yugoslavia ◽  
Protective Measures ◽  
Balkan Region ◽  
The Right ◽  
The Impact

Given the spread terror and the abuses perpetrated in the Balkan region, many victims and witnesses of atrocities were deterred from testifying. The International Criminal Tribunal for the former Yugoslavia (ICTY or Tribunal) facilitated the appearance of witnesses and protected them in case of intimidation including by taking measures against those who would violate the confidentiality of the proceedings. This article aims to introduce some of the witness protective measures before the Tribunal, and particularly threats and risks they have faced in the context of the cases dealt with by the Tribunal. It reflects also upon groundbreaking measures of protection decided by the Tribunal and the challenges it has faced over the last two decades. It finally discusses the impact of such challenges on the right to a fair trial and how they were addressed.

Translating and Interpreting at the ICTY

2020 ◽  
pp. 337-354
Author(s):  
Ellen Elias-Bursać
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Criminal Courts ◽  
Evidence Translation ◽  
To Come ◽  
The Impact

Procedures developed at the International Criminal Tribunal for the former Yugoslavia (ICTY) in response to issues concerning evidence translation and testimony interpretation have provided international criminal courts and tribunals with expertise and insight. These will shape the profession for decades to come. As to the impact on jurisprudence, the Conference and Language Service Section (CLSS), being part of Registry, played a key—often underestimated—role in ensuring the equality of arms between the parties. In a larger sense, the provisional nature of translated texts and interpreted testimony encourages challenges and disputes, and these discussions move the proceedings to a greater understanding; precisely because the obstacles presented by dealing with other languages and cultures force everyone in the courtroom to pay more attention to communication and meaning. It is this constant querying of what everyone thought they did or did not understand that takes these complex trials to completion and comprehension.

scholarly journals ‘Justice seen is Justice done?’ - Assessing the Impact of Outreach Activities by the International Criminal Tribunal for Rwanda (ICTR)

2015 ◽  
Vol 21 (74) ◽  
pp. 63-93
Author(s):  
Philipp Schulz
Keyword(s):  
International Criminal ◽  
National Level ◽  
International Criminal Tribunal ◽  
Field Research ◽  
Theoretical Argument ◽  
Group Discussions ◽  
International Criminal Tribunals ◽  
Research Findings ◽  
And Control ◽  
The Impact

Abstract By referring to the International Criminal Tribunal for Rwanda (ICTR) as a case study, this paper seeks to explore the impact of outreach activities by international criminal tribunals. Building upon primary field research findings, including twenty-seven in-depth interviews and focus group discussions with 108 respondents, this paper applies a theory-driven investigation of the impact of outreach activities by the ICTR. Contrary to the theoretical argument, on a national level throughout society over time, outreach activities by the ICTR did neither increase awareness and understanding, nor shape positive perceptions towards the Tribunal and its expected contribution to reconciliation. Furthermore, a comparison of groups of outreach participants and control groups shows that outreach did increase the level of knowledge among beneficiaries of such activities. An increased understanding, however, cannot be correlated with more positive perceptions towards the Tribunal or its role in promoting reconciliation.

Local Ownership of the International Criminal Tribunal for Rwanda: Restorative and Retributive Effects

2012 ◽  
Vol 12 (3) ◽  
pp. 427-456 ◽  
Author(s):  
Matthew Saul
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Negative Impact ◽  
International Criminal Tribunal ◽  
Local Ownership ◽  
International Criminal Tribunals ◽  
Central Argument ◽  
The Impact ◽  
Local Input

This article identifies and explores the approach taken by the UN Security Council to local ownership of the establishment of the International Criminal Tribunal for Rwanda (ICTR). In so doing, the article seeks to contribute toward a comprehensive understanding of the role of the ICTR in transitional Rwanda, as well as to identify lessons for the initiation of ad hoc international criminal tribunals in the future. The perspective that is adopted is centred on considerations of restoration, but attention is also given to the impact of the approach taken to the establishment of the ICTR on the delivery of retribution. A central argument is that the possibility of including a broad range of local input during the establishment of an international criminal tribunal should be taken seriously, as this represents a useful opportunity to enhance the legitimacy of a tribunal and its outcomes. However, it is also contended that any attempt at fostering a sense of local ownership during the establishment of an international criminal tribunal should be tailored to suit the context, in order to reduce the scope for it to have a negative impact on the overall effectiveness of a tribunal.

How Can International Criminal Courts Have a Greater Impact on National Criminal Proceedings? Lessons from the First Two Decades of International Criminal Justice in Operation

2013 ◽  
Vol 46 (3) ◽  
pp. 431-453 ◽  
Author(s):  
Yuval Shany
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
International Courts ◽  
The Balkans ◽  
National Courts ◽  
Geographical Regions ◽  
Mass Atrocity ◽  
The Impact

International actors and observers have afforded greater attention in recent years to the role of national courts in bringing to justice perpetrators of international crimes. Not only are national courts typically less expensive to operate than international courts, they also enjoy at times more legitimacy in the eyes of local constituencies than their international counterparts. They can also reach deeper into society and cast a wider net than international criminal courts. Indeed, there is an increased tendency to view international criminal courts as mechanisms primarily designed to support and complement the work of national criminal procedures, and to pay closer attention to the interaction between the two sets of judicial institutions. It is against this background that the Project on Studying the Impact of International Courts in Domestic Criminal Procedures in Mass Atrocity Cases (the DOMAC project) has sought to draw lessons from the experience accumulated by the interactions that took place between national and international courts in the two decades that have passed since the establishment of the International Criminal Tribunal for the former Yugoslavia. This was done in the hope that such lessons may guide such interactions in the future. Indeed, DOMAC reports have looked into interactions relating to specific legal aspects (applicable laws, prosecution rates, sentencing policies and capacity development) and/or at specific geographical regions (for example, the Balkans, Africa, Latin America, East Timor) and provide many interesting stories of success and failure, from which valuable lessons can be learned. The purpose of this article is to offer, on the basis of the said DOMAC reports, some general observations on the impact of international courts on domestic criminal processes (in the aftermath of mass atrocity situations), and to discuss the structural deficiencies that may have led until now to sub-optimal levels of cooperation and division of labour between international and national criminal procedures. On the basis of these critical observations, a number of general recommendations for future policy planners will be considered. The article first describes some of the main impacts of international courts on domestic courts handling mass atrocity cases. It then discusses four overarching problems, which may have hampered such interactions: the lack of a comprehensive legal response to mass atrocities, inadequate allocation of resources, the absence of ultimate responsibility over the international response, and legitimacy deficits. The concluding section sketches a number of proposals based on the discussion in the two immediately preceding sections.

Foreword by the former President of the International Criminal Tribunal for the former Yugoslavia

1997 ◽  
Vol 37 (321) ◽  
pp. 601-602
Author(s):  
Antonio Cassese
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Second World War ◽  
United Nations Security Council ◽  
Former Yugoslavia ◽  
Ethnic Cleansing ◽  
International Tribunal ◽  
European Continent ◽  
Mass Killings ◽  
Second World

The International Criminal Tribunal for the former Yugoslavia (“the International Tribunal”) was established over four years ago in response to the mass killings, widespread and systematic rape and “ethnic cleansing” being practised in the former Yugoslavia on a scale and of a ferocity not seen on the European continent since the end of the Second World War. The United Nations Security Council considered that this situation constituted a threat to international peace and security. It therefore established the International Tribunal as a subsidiary judicial organ, in the belief that this would help halt and redress such violations.

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