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Legacies of the International Criminal Tribunal for the Former Yugoslavia – A Multidisciplinary Approach - Oxford Scholarship Online
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Legacies of the International Criminal Tribunal for the Former Yugoslavia: A Multidisciplinary Approach

Carsten Stahn, Carmel Agius, Serge Brammertz, and Colleen Rohan

Abstract

The International Criminal Tribunal for the former Yugoslavia (ICTY) has left a rich legal, institutional, and non-judicial legacy. Many of the classical juridical footprints of the work of the ICTY are covered in legal treatises or reflective volumes. This book sheds a broader light on some of the working practices, challenges, and critiques of the ICTY. It starts from the assumption that the notion of legacy deserves consideration from multiple disciplinary standpoints, and that there is not one, but at best multiple legacies. It explores (i) historic legacy, that is, the contribution of the ... More

Keywords: ICTY, legacy, evidence, outreach, retribution and punishment, impact

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780198862956
Published to Oxford Scholarship Online: July 2020 DOI:10.1093/oso/9780198862956.001.0001

Authors

Affiliations are at time of print publication.

Carsten Stahn, editor
Professor of International Criminal Law and Global Justice, Leiden Law School and Queen's University Belfast

Carmel Agius, editor
President of the International Residual Mechanism for Criminal Tribunals and served as the final President of the ICTY

Serge Brammertz, editor
Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals and served as the final Prosecutor of the ICTY

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Contents

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Introduction

Carsten Stahn

PART I OPENING REFLECTIONS

4 The Moral Legacy of the ICTY

Miguel de Serpa Soares*,**

PART II LEGACY LENSES, THEORIZATIONS, AND NARRATIVES

7 The Narrative Legacies of Exceptional Crime

Simone Gigliotti* and Amber Pierce**

PART III EXPRESSIVE PRACTICES, JUDICIAL RECORD, HISTORY, AND TRUTH

10 A Partial View of History

Luigi Prosperi* and Aldo Zammit Borda**,***

11 Handle with Care

Andy Aydın-Aitchison*,**

PART IV EVIDENCE, WITNESS TESTIMONY, AND WITNESS EXPERIENCES

13 Whither Thou Truth and Justice

Kimi Lynn King* and James Meernik**

PART V CRIMINAL PROCEDURE, COURT MANAGEMENT, AND OUTREACH

14 Defence Investigative Ethics

Michael G. Karnavas*,**

15 Judgments and Judgment Drafting

Thomas Wayde Pittman* and Marko Divac Öberg**

16 Muzzling the Press

Audrey Fino* and Sandra Sahyouni**,***

18 Was it Worth it?

Petar Finci*,**

PART VI PUNISHMENT, SENTENCING, AND BEYOND

20 Punishing for Humanity

Margaret M. deGuzman*

22 When Justice is Done

Joris van Wijk* and Barbora Holá**

PART VII IMPACT ON DOMESTIC LEGAL SYSTEMS

24 The Legacy of the ICTY

Jennifer Trahan* and Iva Vukušić**,***

PART VIII SOCIETAL IMPACT, RECEPTION, AND GAPS

27 The Peace versus Justice Debate Revisited

Jacqueline R. McAllister*,**