- 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
Making Complementarity a Reality
Making Complementarity a Reality
The Experiences of the ICTY and IRMCT Office of the Prosecutor
- Chapter:
- (p.31) 2 Making Complementarity a Reality
- Source:
- Legacies of the International Criminal Tribunal for the Former Yugoslavia
- Author(s):
Serge Brammertz
- Publisher:
- Oxford University Press
This chapter presents a prosecutorial perspective on the International Criminal Tribunal for the former Yugoslavia’s (ICTY) legacies. It traces the evolution of the Office of the Prosecutor from a service that is grounded in primacy of jurisdiction into a more complementarity-oriented actor, in which interaction with domestic systems is an essential element to achieving justice for serious international crimes. The author argues that the support provided to national justice sectors in the countries of the former Yugoslavia is one of the most important legacies of the ICTY. The Office of the Prosecutor (OTP) started to engage with new techniques—including establishing the Transition Team—when the ICTY Completion Strategy was put into force. The OTP referred cases to national judiciaries, which improved in their capacities to process war crimes cases. The chapter concludes that the OTP’s cooperation with national courts establishes a new model of collaboration between international and domestic courts.
Keywords: primacy, complementarity, Completion Strategy, ICTY, Office of the Prosecutor, cooperation with national courts, Transition Team
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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
