- Title Pages
- Foreword
- Preface and Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
-
1 The Last Testament of the ICTY -
2 Making Complementarity a Reality -
3 The ICTY and the Defence Legacy -
4 The Moral Legacy of the ICTY -
5 The ICTY is Dead! Long Live the ICTY! -
6 Legacies in the Making at the ICTY -
7 The Narrative Legacies of Exceptional Crime -
8 Meandering Jurisprudence and Unanticipated Legacies -
9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia -
10 A Partial View of History -
11 Handle with Care -
12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY -
13 Whither Thou Truth and Justice -
14 Defence Investigative Ethics -
15 Judgments and Judgment Drafting -
16 Muzzling the Press -
17 Translating and Interpreting at the ICTY -
18 Was it Worth it? -
19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia -
20 Punishing for Humanity -
21 Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina -
22 When Justice is Done -
23 Narratives of Justice and War in Croatia -
24 The Legacy of the ICTY -
25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law -
26 ‘We Learnt that from The Hague’ -
27 The Peace versus Justice Debate Revisited -
28 Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY -
29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina -
30 The Broken Path to Reconciliation in Bosnia and Herzegovina -
31 The ICTY, Truth, and Reconciliation - Name Index
- Subject Index
Defence Investigative Ethics
Defence Investigative Ethics
Practical Lessons from the ICTY’s Legacy for Counsel Practising in the Region
- Chapter:
- (p.251) 14 Defence Investigative Ethics
- Source:
- Legacies of the International Criminal Tribunal for the Former Yugoslavia
- Author(s):
Michael G. Karnavas
- Publisher:
- Oxford University Press
The investigation of war crimes has proved to be a challenging task for the Defence at the International Criminal Tribunal for the former Yugoslavia (ICTY). At the Court’s infancy, civil trained defence counsel with no experience in adversarial party-driven procedures were unfamiliar with aspects of case preparation and trial advocacy, such as gathering evidence by conducting their own investigation, or cross-examination through leading questions based on a coherent theory of the case. These adversarial modalities also came with specific ethical duties. This chapter offers some practical advice and best practices relevant to Defence Counsel practising in national jurisdictions of the former Yugoslavia region and elsewhere, where adversarial modalities similar to those found in the ICTY procedure have been adopted in reforming their criminal procedures—transitioning them from civil law to a more hybrid system.
Keywords: ICTY, preparation, investigation, ethical, adversarial modalities, best practice
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- Title Pages
- Foreword
- Preface and Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
-
1 The Last Testament of the ICTY -
2 Making Complementarity a Reality -
3 The ICTY and the Defence Legacy -
4 The Moral Legacy of the ICTY -
5 The ICTY is Dead! Long Live the ICTY! -
6 Legacies in the Making at the ICTY -
7 The Narrative Legacies of Exceptional Crime -
8 Meandering Jurisprudence and Unanticipated Legacies -
9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia -
10 A Partial View of History -
11 Handle with Care -
12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY -
13 Whither Thou Truth and Justice -
14 Defence Investigative Ethics -
15 Judgments and Judgment Drafting -
16 Muzzling the Press -
17 Translating and Interpreting at the ICTY -
18 Was it Worth it? -
19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia -
20 Punishing for Humanity -
21 Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina -
22 When Justice is Done -
23 Narratives of Justice and War in Croatia -
24 The Legacy of the ICTY -
25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law -
26 ‘We Learnt that from The Hague’ -
27 The Peace versus Justice Debate Revisited -
28 Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY -
29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina -
30 The Broken Path to Reconciliation in Bosnia and Herzegovina -
31 The ICTY, Truth, and Reconciliation - Name Index
- Subject Index
