The Legacy of the International Criminal Tribunal for the Former Yugoslavia / edited by Bert Swart, Alexander Zahar and Goran Sluiter

It includes Index Pages.

Description:
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 on international 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 international crimes, 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 of seventeen 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.

Table of Contents

1:Introduction, Göran Sluiter and Alexander Zahar
I. A Distant Court
2:Assessing the Impact of the ICTY: Balancing International and Local Interests While Doing Justice, Kimi L. King and James D. Meernik
3:The Impact Question: The ICTY and the Restoration and Maintenance of Peace, Janine Natalya Clark
II. Process and Rights: Three Views
4:The ICTY as a Laboratory of International Criminal Procedure, Alex Whiting
5:Procedural Structure and Features of International Criminal Justice: Lessons From the ICTY, Albin Eser
6:Rights in Criminal Proceedings Under the ECHR and the ICTY Statute-A Precarious Comparison, Stefan Trechsel
III. Battlefields
7:Unity and Division in Decision Making-The Law and Practice on Individual Opinions at the ICTY, Göran Sluiter
8:The Crime of Persecution in the ICTY Case Law, Jonas Nilsson
9:Complicity in Genocide and the Duality of Responsibility, Nina H. B. Jørgensen
10:Justifications and Excuses in International Criminal Law: An Assessment of the Case Law of the ICTY, Harmen van der Wilt
11:Regulation of Defense Counsel: An Evolution Toward Restriction and Legitimacy, Nancy Amoury Combs
12:Proportional Sentences at the ICTY, Jens David Ohlin
IV. Improvisation and Resilience
13:The ICTY's Continuing Struggle With the Right to Self-Representation, Jarinde Temminck Tuinstra
14:Command Responsibility at the ICTY: Three Generations of Case Law and Still Ambiguity, Elies van Sliedregt
15:"Special Agreements" Between Conflicting Parties in the Case Law of the ICTY, Luisa Vierucci
16:The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions, Kimberly Prost
17:Civilizing Civil War: Writing Morality as Law at the ICTY, Alexander Zahar
V. Legacy in Bricks and Mortar
18:'Best Before Date Shown': Residual Mechanisms at the ICTY, Guido Acquaviva