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Legacies of the International Criminal Tribunal for the Former YugoslaviaA Multidisciplinary Approach$
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Carsten Stahn, Carmel Agius, Serge Brammertz, and Colleen Rohan

Print publication date: 2020

Print ISBN-13: 9780198862956

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780198862956.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 October 2021

A Partial View of History

A Partial View of History

ICTY Judgments as ‘Judicial Truths’

(p.174) 10 A Partial View of History
Legacies of the International Criminal Tribunal for the Former Yugoslavia

Luigi Prosperi

Aldo Zammit Borda

Oxford University Press

In practice, the International Criminal Tribunal for the former Yugoslavia (ICTY) has contributed significantly to the historical narratives of the conflicts in the Balkans. However, history writing as an objective of international criminal proceedings remains a contested issue and ICTY chambers have approached this objective differently. The role of history at the ICTY has fluctuated significantly and has been directly influenced by developments in other areas of the Tribunal’s work. While the histories written by the ICTY have helped promote better understanding of the conflicts, in other cases such histories, particularly those referring to third parties, have had problematic implications for the right to a fair trial. This chapter claims that the relationship between judging and history at the ICTY has been dynamic, contingent, and complex. International criminal tribunals are only able to write ‘judicial truths’; to expect them to write authoritative historical accounts is possibly to overburden them.

Keywords:   ICTY, role of history, international criminal tribunals, the Balkans, judging and history, historical narratives, judicial truth

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