Archiving Justice: Conceptualizing the Archives of the United Nations International Criminal Tribunal for the Former Yugoslavia

Journal of Archival Science, Forthcoming, 2014

UC Irvine School of Law Research Paper No. 2014-34

17 Pages Posted: 21 Dec 2019

See all articles by David Kaye

David Kaye

University of California, Irvine School of Law

Date Written: July 17, 2014

Abstract

The International Criminal Tribunal for the former Yugoslavia (ICTY) will complete its proceedings over the coming years, leaving behind an enormous collection of records. The ICTY archive provides a record of conviction and acquittal, prosecution case and defense response – a vast series of contested facts and arguments. The ICTY winds down with a decidedly mixed reputation, especially among the communities of the Balkans, doing damage to the already-discredited idea of a Tribunal capable of aiding the processes of reconciliation. And yet the UN still speaks of the reconciliatory purposes the ICTY archives may serve. Pursuing reconciliation, however, sets up the archive for failure. It would be better for those establishing the archives to focus on other, attainable goals, taking into account Martha Minow’s (1998) caution against judicial records that merely “speak for themselves”. This essay provides historical context for the development of the ICTY archive, outlining its two decades of work, and emphasizes the political context from and into which the archive will emerge.

Keywords: War crimes, Crimes against humanity, genocide, Balkans, Yugoslavia, Bosnia, Serbia, Croatia, international law, international courts, truth and reconciliation

Suggested Citation

Kaye, David A., Archiving Justice: Conceptualizing the Archives of the United Nations International Criminal Tribunal for the Former Yugoslavia (July 17, 2014). Journal of Archival Science, Forthcoming, 2014, UC Irvine School of Law Research Paper No. 2014-34, Available at SSRN: https://ssrn.com/abstract=2459035

David A. Kaye (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

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