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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: 25 January 2021

Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY

Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY

Chapter:
(p.539) 28 Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY
Source:
Legacies of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Victor Peskin

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198862956.003.0029

The creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) marked the affirmation and negation of the Nuremberg Tribunal's legacy. The ICTY had been given a mandate to continue in the legal footsteps of Nuremberg by prosecuting egregious violations of International Humanitarian Law (IHL). But the ICTY also established a lasting legacy all of its own by seeking to prosecute suspects from all combatant groups in the former Yugoslavia, including the victorious sides. The aim of this chapter is to twofold: (1) to assess how well the ICTY confronted the spectre of victor’s justice in the context of the Croatia case and (2) to examine the strategies the Tribunal and allied states used to overcome Croatian state non-compliance..

Keywords:   ICTY, victor’s justice, non-compliance, international justice, victorious

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