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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

When Justice is Done

When Justice is Done

The ICTY and the Post-trial Phase

(p.424) 22 When Justice is Done
Legacies of the International Criminal Tribunal for the Former Yugoslavia

Joris van Wijk

Barbora Holá

Oxford University Press

Until 2017 the International Criminal Tribunal for the former Yugoslavia (ICTY) has acquitted eighteen and convicted eighty-two individuals, of whom the vast majority have been given determinate sentences. It was the first tribunal to experiment with establishing sentencing agreements with States in order to enforce these sentences and to develop and adopt early release procedures. This chapter presents an overview of the post-trial dilemmas that the ICTY and enforcement States have faced. Special attention is given to the phase of designating an enforcement State, prison of international prisoners, factors that justify their (early) release, and what happens to the individuals after their release or following their acquittal. The data presented are based on an analysis of case law, academic literature, and interviews with stakeholders at the ICTY, enforcement States as well as in the former Yugoslavia. The findings are contrasted with post-conviction practices at other international tribunals, assessing ICTY’s legacy when it comes to post-conviction issues.

Keywords:   enforcement, post-conviction, release, post-acquittal, prison conditions

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