The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Hardcover | June 19, 2011

Editorthe late Bert Swart, Alexander Zahar, Goran Sluiter

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The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law oninternational criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as an important frame of reference for the International Criminal Court and other courts dealing with internationalcrimes, including national courts. The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course ofseventeen chapters, the contributing authors analyse the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstated assumptions, political circumstances, and impact-and indeed, its legacy.

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The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law oninternational criminal law. This is reflect...

The late Bert Swart was Professor of International Criminal Law at the Amsterdam Centre for International Law, University of Amsterdam. Alexander Zahar is Senior Lecturer in International and Criminal Law at Macquarie Law School, Australia. Goran Sluiter is Professor of International Criminal Law at the Amsterdam Centre for Internation...

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Format:HardcoverDimensions:584 pages, 9.21 × 6.14 × 1.64 inPublished:June 19, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199573417

ISBN - 13:9780199573417

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Table of Contents

1. Goran Sluiter and Alexander Zahar: IntroductionI. A Distant Court2. Kimi L. King and James D. Meernik: Assessing the Impact of the ICTY: Balancing International and Local Interests While Doing Justice3. Janine Natalya Clark: The Impact Question: The ICTY and the Restoration and Maintenance of PeaceII. Process and Rights: Three Views4. Alex Whiting: The ICTY as a Laboratory of International Criminal Procedure5. Albin Eser: Procedural Structure and Features of International Criminal Justice: Lessons From the ICTY6. Stefan Trechsel: Rights in Criminal Proceedings Under the ECHR and the ICTY Statute-A Precarious ComparisonIII. Battlefields7. Goran Sluiter: Unity and Division in Decision Making-The Law and Practice on Individual Opinions at the ICTY8. Jonas Nilsson: The Crime of Persecution in the ICTY Case Law9. Nina H. B. Jorgensen: Complicity in Genocide and the Duality of Responsibility10. Harmen van der Wilt: Justifications and Excuses in International Criminal Law: An Assessment of the Case Law of the ICTY11. Nancy Amoury Combs: Regulation of Defense Counsel: An Evolution Toward Restriction and Legitimacy12. Jens David Ohlin: Proportional Sentences at the ICTYIV. Improvisation and Resilience13. Jarinde Temminck Tuinstra: The ICTY's Continuing Struggle With the Right to Self-Representation14. Elies van Sliedregt: Command Responsibility at the ICTY: Three Generations of Case Law and Still Ambiguity15. Luisa Vierucci: "Special Agreements" Between Conflicting Parties in the Case Law of the ICTY16. Kimberly Prost: The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions17. Alexander Zahar: Civilizing Civil War: Writing Morality as Law at the ICTYV. Legacy in Bricks and Mortar18. Guido Acquaviva: 'Best Before Date Shown': Residual Mechanisms at the ICTY