Preface, UNSG António Guterres
Introduction: Legacy as Dialogue DL Reflecting on the ICTY
Experience, Carsten Stahn
PART I OPENING REFLECTIONS
1 The Last Testament of the ICTY, Carmel Agius
2 Making Complementarity a Reality: The Experiences of the ICTY and
IRMCT Office of the Prosecutor, Serge Brammertz
3 The ICTY and the Defence Legacy: The Association of Counsel
Practising Before the ICTY, Colleen Rohan
4 The Moral Legacy of the ICTY, Miguel de Serpa Soares
PART II LEGACY LENSES, THEORIZATIONS, AND NARRATIVES
5 The ICTY is Dead! Long Live the ICTY!: ICTY Legacies in
Perspective, Carsten Stahn
6 Legacies in the Making at the ICTY, Viviane E. Dittrich
7 The Narrative Legacies of Exceptional Crime: The Prosecutor as a
Peacebuilder, Simone Gigliotti and Amber Pierce
8 Meandering Jurisprudence and Unanticipated Legacies: The ICTY's
Reach into Domestic Civil Litigation, Mark Drumbl
PART III EXPRESSIVE PRACTICES, JUDICIAL RECORD, HISTORY, AND
TRUTH
9 Symbolic Expression at the International Criminal Tribunal for
the Former Yugoslavia, Marina Aksenova
10 A Partial View of History: ICTY Judgments as 'Judicial Truths',
Luigi Prosperi and Aldo Zammit Borda
11 Handle with Care: ICTY, Juridical By-products, and
Criminological Analyses, Andy Aydin-Aitchison
PART IV EVIDENCE, WITNESS TESTIMONY, AND WITNESS EXPERIENCES
12 Lessons Learned from the Use of DNA Evidence in
Srebrenica-related Trials at the ICTY, Kweku Vanderpuye and
Christopher Mitchell
13 Whither Thou Truth and Justice: Witness Perceptions About their
Contributions to the ICTY, Kimi Lynn King and James Meernik
PART V CRIMINAL PROCEDURE, COURT MANAGEMENT, AND OUTREACH
14 Defence Investigative Ethics: Practical Lessons from the ICTY's
Legacy for Counsel Practising in the Region, Michael G.
Karnavas
15 Judgments and Judgment Drafting, Thomas Wayde Pittman and Marko
Divac Öberg
16 Muzzling the Press: When Does the Law Justify Reporting
Restrictions? Contempt Cases Against Journalists at the ICTY and
Beyond, Audrey Fino and Sandra Sahyouni
17 Translating and Interpreting at the ICTY: Lessons Learned, Ellen
Elias-Bursa'c
18 Was it Worth it? A Look into the Results of the ICTY's Outreach
Programme, Petar Finci
19 The Legacy of Youth Outreach at the International Criminal
Tribunal for the Former Yugoslavia, Adrian Plevin
PART VI PUNISHMENT, SENTENCING, AND BEYOND
20 Punishing for Humanity: The Sentencing Legacy of the ICTY,
Margaret M. deGuzman
21Vertical Inconsistency of International Sentencing? The ICTY and
Domestic Courts in Bosnia and Herzegovina, Barbora Holá
22 When Justice is Done: The ICTY and the Post-trial Phase, Joris
van Wijk and Barbora Holá
PART VII IMPACT ON DOMESTIC LEGAL SYSTEMS
23 Narratives of Justice and War in Croatia, Ivor Sokoli'c
24 The Legacy of the ICTY: The Three-tiered Approach to Justice in
Bosnia-Herzegovina and Benchmarks for Measuring Success, Jennifer
Trahan and Iva Vuku%si'c
25 Cooperation between Serbia and the ICTY for the Investigation
and Prosecution of Violations of International Humanitarian Law,
Tatjana Dawson and Ljiljana Hellman
26 'We Learnt that from The Hague': How the ICTY Influenced the
Fairness of Criminal Trials in the Former Yugoslavia, Kei Hannah
Brodersen
PART VIII SOCIETAL IMPACT, RECEPTION, AND GAPS
27 The Peace versus Justice Debate Revisited: The ICTY's Impact on
the Bosnian Peace Process, Jacqueline R. McAllister
28 Croatia's Homeland War, the Battles Over Victor's Justice, and
the Legacy of the ICTY, Victor Peskin
29 The (Lack of) Impact of the ICTY on the Public Memory of the War
in Bosnia and Herzegovina, Jovana Mihajlovi'c Trbovc
30 The Broken Path to Reconciliation in Bosnia and Herzegovina: A
Field Study of Memories, Rosa Aloisi
31 The ICTY, Truth, and Reconciliation: A Meta Reconceptualization,
Janine Natalya Clark
Carsten Stahn is Professor of International Criminal Law and Global
Justice at the Leiden Law School and at Queen's University Belfast.
Carmel Agius is President of the International Residual Mechanism
for Criminal Tribunals and served as the final President of the
ICTY.
Serge Brammertz is Chief Prosecutor of the International Residual
Mechanism for Criminal Tribunals and served as the final Prosecutor
of the ICTY.
Colleen Rohan is an international lawyer at Bedford Row and former
president of the Association of Defence Counsel for the ICTY.
Perhaps the volume's most important added value is the
introspective element of its analysis. It offers important
explanations of why certain choices were made at tribunal level,
and traces the trajectory of the court's work, depicting two of its
most telling characteristics.
*Mina Radončić, Comparative Southeast European Studies*
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