Jump to ContentJump to Main Navigation
Legacies of the International Criminal Tribunal for the Former YugoslaviaA Multidisciplinary Approach$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

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: 25 January 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

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

Kei Hannah Brodersen

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198862956.003.0027

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .