- 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 ICTY, Truth, and Reconciliation
The ICTY, Truth, and Reconciliation
A Meta Reconceptualization
- Chapter:
- (p.583) 31 The ICTY, Truth, and Reconciliation
- Source:
- Legacies of the International Criminal Tribunal for the Former Yugoslavia
- Author(s):
Janine Natalya Clark
- Publisher:
- Oxford University Press
Exploring the question of whether the International Criminal Tribunal for the former Yugoslavia’s (ICTY) work has contributed to inter-ethnic reconciliation in the former Yugoslavia, this inter-disciplinary chapter adopts a novel perspective by extending the purview beyond factual truths. It focuses on meta-normative truths. These higher-level truths are not about who did what to whom, but about human suffering and the (im)morality of particular behaviours and conduct in war. Precisely because they transcend ethnic belonging, these truths provide a stronger basis for building reconciliation than frequently-contentious factual truths. The chapter maintains that meta-normative truths have the greatest potential to alter localized meta-affective contexts that fuel denial, support for convicted war criminals and the persistence of competing ethnic narratives. Although the Tribunal has now completed its mandate, it can indirectly contribute to inter-ethnic reconciliation if the meta-normative truths implicit in its work are given more attention and actively utilized in reconciliation efforts.
Keywords: inter-ethnic reconciliation, meta-normative truth, contentious factual truth, ethnic narrative, meta-affective context
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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
