- Title Pages
- Foreword
- Preface and Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
-
1 The Last Testament of the ICTY -
2 Making Complementarity a Reality -
3 The ICTY and the Defence Legacy -
4 The Moral Legacy of the ICTY -
5 The ICTY is Dead! Long Live the ICTY! -
6 Legacies in the Making at the ICTY -
7 The Narrative Legacies of Exceptional Crime -
8 Meandering Jurisprudence and Unanticipated Legacies -
9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia -
10 A Partial View of History -
11 Handle with Care -
12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY -
13 Whither Thou Truth and Justice -
14 Defence Investigative Ethics -
15 Judgments and Judgment Drafting -
16 Muzzling the Press -
17 Translating and Interpreting at the ICTY -
18 Was it Worth it? -
19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia -
20 Punishing for Humanity -
21 Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina -
22 When Justice is Done -
23 Narratives of Justice and War in Croatia -
24 The Legacy of the ICTY -
25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law -
26 ‘We Learnt that from The Hague’ -
27 The Peace versus Justice Debate Revisited -
28 Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY -
29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina -
30 The Broken Path to Reconciliation in Bosnia and Herzegovina -
31 The ICTY, Truth, and Reconciliation - Name Index
- Subject Index
The Peace versus Justice Debate Revisited
The Peace versus Justice Debate Revisited
The ICTY’s Impact on the Bosnian Peace Process
- Chapter:
- (p.523) 27 The Peace versus Justice Debate Revisited
- Source:
- Legacies of the International Criminal Tribunal for the Former Yugoslavia
- Author(s):
Jacqueline R. McAllister
- Publisher:
- 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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- Title Pages
- Foreword
- Preface and Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
-
1 The Last Testament of the ICTY -
2 Making Complementarity a Reality -
3 The ICTY and the Defence Legacy -
4 The Moral Legacy of the ICTY -
5 The ICTY is Dead! Long Live the ICTY! -
6 Legacies in the Making at the ICTY -
7 The Narrative Legacies of Exceptional Crime -
8 Meandering Jurisprudence and Unanticipated Legacies -
9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia -
10 A Partial View of History -
11 Handle with Care -
12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY -
13 Whither Thou Truth and Justice -
14 Defence Investigative Ethics -
15 Judgments and Judgment Drafting -
16 Muzzling the Press -
17 Translating and Interpreting at the ICTY -
18 Was it Worth it? -
19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia -
20 Punishing for Humanity -
21 Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina -
22 When Justice is Done -
23 Narratives of Justice and War in Croatia -
24 The Legacy of the ICTY -
25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law -
26 ‘We Learnt that from The Hague’ -
27 The Peace versus Justice Debate Revisited -
28 Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY -
29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina -
30 The Broken Path to Reconciliation in Bosnia and Herzegovina -
31 The ICTY, Truth, and Reconciliation - Name Index
- Subject Index
