- 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
Meandering Jurisprudence and Unanticipated Legacies
Meandering Jurisprudence and Unanticipated Legacies
The ICTY’s Reach into Domestic Civil Litigation
- Chapter:
- (p.130) 8 Meandering Jurisprudence and Unanticipated Legacies
- Source:
- Legacies of the International Criminal Tribunal for the Former Yugoslavia
- Author(s):
Mark Drumbl
- Publisher:
- Oxford University Press
Assessments of the International Criminal Tribunal for the former Yugoslavia’s (ICTY) jurisprudential legacy tend to focus on the ICTY’s relationships with domestic criminal law. This chapter turns a new corner by examining the ICTY’s unexpected footprints in domestic civil litigation, specifically private tort claims brought in the US under the Alien Tort Statute (ATS, or Alien Tort Claims Act). Incorporation of international (including ICTY) materials in US ATS litigation remains a contested matter in which individual judges (both trial judges and appellate judges) demonstrate idiosyncratic behaviour. Some are ‘international law ignorers’, some are ‘international law enforcers’, some are ‘international law translators’, and some are ‘international law creators’. On this note, the ICTY’s legacy also touches upon broader questions of public international law and transnational legal migrations.
Keywords: civil litigation, judging, customary international law, ICTY jurisprudential legacy, Alien Tort Statute (ATS), transnational legal migrations
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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
