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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: 27 October 2021

Muzzling the Press

Muzzling the Press

When Does the Law Justify Reporting Restrictions? Contempt Cases Against Journalists at the ICTY and Beyond

(p.307) 16 Muzzling the Press
Legacies of the International Criminal Tribunal for the Former Yugoslavia

Audrey Fino

Sandra Sahyouni

Oxford University Press

Chapter 16 deals with contempt cases against journalists. Restrictions on freedom of the press have been striking at international criminal tribunals, where violations of protective measures granted to, for example, witnesses have led to several landmark yet controversial prosecutions of journalists for contempt of court. This chapter examines these practices from a human rights law perspective, as part of the recognized exceptions to the principle of public trials. In doing so, it reviews the law and jurisprudence of international and hybrid tribunals, including the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Tribunal for Lebanon (STL), and the International Criminal Court (ICC). In addition, it surveys contempt of court, offences against the administration of justice, and the law on reporting restrictions in a number of common law and civil law domestic jurisdictions. It concludes that the right to freedom of the press in the context of international criminal trials is not absolute, and that limits ordered by international tribunals, despite the polemics they may cause, are actually fully in line with both human rights law and domestic legal trends.

Keywords:   contempt of court, exceptions to public trials, journalists, freedom of the press, reporting restrictions, protective measures, ICTY, STL, ICC

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