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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

‘We Learnt that from The Hague’

‘We Learnt that from The Hague’

How the ICTY Influenced the Fairness of Criminal Trials in the Former Yugoslavia

(p.498) 26 ‘We Learnt that from The Hague’
Legacies of the International Criminal Tribunal for the Former Yugoslavia

Kei Hannah Brodersen

Oxford University Press

While much attention has been paid to contributions of the International Criminal Tribunal for the former Yugoslavia (ICTY) to International Humanitarian Law and International Criminal Law, the ICTY’s impact on countries under its jurisdiction and on their criminal justice systems is under-researched. Using Bosnia and Herzegovina (BiH) and Serbia as case studies, this chapter discusses the Tribunal’s influence on fairness in war crimes trials that have been conducted in the region since the early 2000s. It shows that the ICTY had only scarce effects on fairness of proceedings, with great impact in BiH and almost absent in Serbia. The difference is explained using the ‘norm cascade model’ and ‘spiral model’, describing how a norm ‘cascades’ from the international level into the national justice system. It shows that the ICTY’s permanent presence in BiH and large absence in Serbia were factors accounting for whether national counterparts followed ICTY jurisprudence and practice.

Keywords:   impact, criminal justice system, fairness, Bosnia and Herzegovina, Serbia, norm cascade, spiral model

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