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Vol 21 No 10 Oct/Nov 2016

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The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Edited by: Bert Swart, Alexander Zahar, Goran Sluiter

ISBN13: 9780199573417
Published: May 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £117.50



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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 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.

Subjects:
International Criminal Law
Contents:
1. Introduction

I. A DISTANT COURT
2. Assessing the Impact of the ICTY: Balancing International and Local Interests While Doing Justice
3. The Impact Question: The ICTY and the Restoration and Maintenance of Peace

II. PROCESS AND RIGHTS: THREE VIEWS
4. The ICTY as a Laboratory of International Criminal Procedure
5. Procedural Structure and Features of International Criminal Justice: Lessons From the ICTY
6. Rights in Criminal Proceedings Under the ECHR and the ICTY Statute-A Precarious Comparison

III. BATTLEFIELDS
7. Unity and Division in Decision Making-The Law and Practice on Individual Opinions at the ICTY
8. The Crime of Persecution in the ICTY Case Law
9. Complicity in Genocide and the Duality of Responsibility
10. Justifications and Excuses in International Criminal Law: An Assessment of the Case Law of the ICTY
11. Regulation of Defense Counsel: An Evolution Toward Restriction and Legitimacy
12. Proportional Sentences at the ICTY

IV. IMPROVISATION AND RESILIENCE
13. The ICTY's Continuing Struggle With the Right to Self-Representation
14. Command Responsibility at the ICTY: Three Generations of Case Law and Still Ambiguity
15. "Special Agreements" Between Conflicting Parties in the Case Law of the ICTY
16. The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions
17. Civilizing Civil War: Writing Morality as Law at the ICTY

V. LEGACY IN BRICKS AND MORTAR
18. 'Best Before Date Shown': Residual Mechanisms at the ICTY