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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: 24 October 2021

The Peace versus Justice Debate Revisited

The Peace versus Justice Debate Revisited

The ICTY’s Impact on the Bosnian Peace Process

(p.523) 27 The Peace versus Justice Debate Revisited
Legacies of the International Criminal Tribunal for the Former Yugoslavia

Jacqueline R. McAllister

Oxford University Press

Critics of international criminal tribunals (ICTs) charge that they undermine peace processes. Advocates of ICTs maintain that there can be no peace without justice. There is still much to learn about wartime ICTs’ impact on peace processes. This chapter addresses how the International Criminal Tribunal for the former Yugoslavia (ICTY) affected efforts to end the Bosnian War. Drawing on over 100 interviews with key stakeholders from the Bosnian peace process, and declassified data from the Clinton administration, the chapter finds that ICTY played a key role in facilitating peace efforts. Among other things, the ICTY’s indictments strengthened mediators’ hand in implementing crucial participation decisions. The ICTY also helped parties to overcome commitment problems. The analysis suggests that the ICTY’s cautious approach to indicting top leaders, coupled with the fact that mediators exercised discretion over the arrest and transfer of suspects, both capture why the ICTY facilitated, versus undermined peace efforts.

Keywords:   international criminal tribunals, ICTY, Bosnia, peace processes, commitment problems, international justice

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