The Legacy of the ICTY as Seen Through Some of its Actors and Observers
McGill University - Faculty of Law
November 8, 2011
Goettingen Journal of International Law, 2012
This article proposes an exploration of the 'legacy' of the ICTY through the experience of some of its actors and observers. It is based on material provided by a dozen interviews and written in the spirit of understanding the tribunal's legacy as a collection of complex individual narratives of what the tribunal stands for, what it did well, and what it might have done better. The legacy of the ICTY as an international criminal tribunal on the one hand, and as a device for transitional justice on the other hand are considered. Although a tension is found to exist between a more 'forensic' and a more 'transitional' view of its role which is particularly manifest in determining the tribunal's constituencies and policies, the two are also linked. There is broad consensus about the tribunal's importance, but on the eve of its closing, also a sense of the limits of what international criminal justice can aspire to achieve.
Number of Pages in PDF File: 42
Keywords: international criminal tribunal, Yugoslavia
JEL Classification: K33Accepted Paper Series
Date posted: November 8, 2011 ; Last revised: January 11, 2012
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