Jump to ContentJump to Main Navigation
Legacies of the International Criminal Tribunal for the Former YugoslaviaA Multidisciplinary Approach$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

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: 20 October 2021

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
DOI:10.1093/oso/9780198862956.003.0009

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .