- 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
Judgments and Judgment Drafting
Judgments and Judgment Drafting
- Chapter:
- (p.282) 15 Judgments and Judgment Drafting
- Source:
- Legacies of the International Criminal Tribunal for the Former Yugoslavia
- Author(s):
Thomas Wayde Pittman
Marko Divac Öberg
- Publisher:
- Oxford University Press
One of the legacies of the International Criminal Tribunal for the former Yugoslavia (ICTY) will be its many trial and appeal judgments with significant length. These are accompanied by a ‘reasoned opinion in writing’ which drastically varies in size. Those written reasoned opinions, also referred to as judgments, serve an important formal and tangible purpose. They are intergovernmental judicial decision-making records of judicially-determined factual and legal findings and conclusions concerning atrocities committed in the former Yugoslavia. Politically, they serve a less tangible, but no less important, purpose—as the Tribunal’s contribution to the restoration and maintenance of peace in the former Yugoslavia. Yet, for possessing such importance, little is known about how the judgments come into existence. Who drafts them and how and what are the stages? Who are the legal support staff involved? What determines structure, content, language, and style? How is an opinion ‘reasoned’? What has been the impact of ICTY judgments? This chapter seeks to answer these questions.
Keywords: drafting, reasoned opinions, judicial decision-making, pronouncement of judgments, length of judgments, finality of judgments, impact of judgments, judges, legal support staff
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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
