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The Legacy of the ICTY as Seen Through Some of its Actors and Observers

Goettingen Journal of International Law, 2012

42 Pages Posted: 8 Nov 2011 Last revised: 11 Jan 2012

Frederic Megret

McGill University - Faculty of Law

Date Written: November 8, 2011

Abstract

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.

Keywords: international criminal tribunal, Yugoslavia

JEL Classification: K33

Suggested Citation

Megret, Frederic, The Legacy of the ICTY as Seen Through Some of its Actors and Observers (November 8, 2011). Goettingen Journal of International Law, 2012. Available at SSRN: https://ssrn.com/abstract=1956448

Frédéric Mégret (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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