Assessing the Legacy of the ICTY

Contents

- Preliminary Material (i-xxvi) (186K)
  - Jump to section:
  - Table Of Contents
  - Acknowledgments
  - Preface (Sanela Diana Jenkins)
  - Contributors
  - Abbreviations
- Constructing The Legacy Of The ICTY (1-10) by Richard H. Steinberg (440K)
  - Jump to section:
  - Historical Context
  - Defining “Legacy” And Its Dimensions
  - Positive Analysis: Taking Stock Of The Tribunal’s Legacy To Date
  - Normative Analysis: Constructing The Legacy
  - Organization Of The Volume
  - Conclusion
- National Ownership: The Key Concept Of The Tribunal’s Legacy Vision (11-12) by Patrick L. Robinson (63K)
- Visions Of The Legacy (13-14) by Ed Kronenburg (80K)
- Outstanding Questions (15-20) by Geoffrey Robertson (413K)
  - Jump to section:
  - Introduction
  - The Questions We Must Ask
  - Conclusion
- Creating A Legacy That Supports Sustainable Rule Of Law In The Region (21-26) by Patrick L. Robinson (107K)
  - Jump to section:
  - National Ownership Is A Critical Element Of The Transition From the Tribunal To The Countries Of The Former Yugoslavia
  - The ICTY Partnership With ODIHR And UNICRI
  - Overall Legacy Of The Tribunal
  - Support Required For Achieving The Tribunal’s Legacy Goals
- The Legacy Of The ICTY: Fair Trials And Cooperation With Local Courts (27-34) by Serge Brammertz (110K)
  - Jump to section:
  - Introduction
  - Core Trial And Appeals Work
  - National Prosecutions
  - Challenges To Prosecuting War Crimes Cases In The Region
  - Conclusion
- Optimizing The Effectiveness Of The Knowledge Transfer: The Significance Of Inter-Institutional Cooperation Between The ICTY, ODIHR, And UNICRI (35-40) by Janez Lenarčič (110K)
  - Jump to section:
  - Introduction
  - OSCE Monitoring Activities
  - The Goals Of The ICTY–ODIHR–UNICRI Partnership
  - Starting The Transition Process: Lessons Learned And Best Practices In Knowledge Transfer
  - The Tribunal’s Legacy Beyond The Former Yugoslavia
  - Conclusion
- Peace Building And Security Through Information (41-42) by Francesco Marelli (85K)
- The Legacy Of The ICTY: Multiple Levels Of Cooperation And Necessary Undertakings (43-46) by John Hocking (101K)
  - Jump to section:
  - Introduction
  - Cooperation Among The International Community, Regional Partners, And The ICTY
  - Conclusion
- The ICTY Legacy Strategy And Legacy Projects Of The ICTY (47-50) by Pierre Mirel (96K)
  - Jump to section:
  - Legacy In Light Of The Mandate
  - National Courts Responsibilities
  - Transfer Of Knowledge
  - Transitional Justice At A Broader Level
- Core Issues: Establishing Archives And The Residual Mechanism (51-58) by Navanethem Pillay (426K)
  - Jump to section:
  - Introduction
  - The ICTY Role In Ensuring Its Legacy And Preserving Its Records
  - The Security Council’s Role In Establishing The Residual Mechanism
  - National And International Ownership Of The Residual Mechanism And Archives
  - Conclusion
- The Role Of The UN Security Council In Preserving The Legacy Of The Tribunals: Establishment Of A Residual Mechanism And Preservation Of Archives (59-66) by Konrad G. Büehler (117K)
  - Jump to section:
  - Introduction
  - The Informal Working Group On International Tribunals
  - The Secretary-General’s Report On Residual Issues
  - The Working Group’s Deliberations On The Residual Mechanism
  - Key Issues Under Discussion In The Working Group
  - Conclusion
- A Home Away From Home (67-68) by Peter Van Der Vliet (82K)
- How Best To Preserve The Records Of The ICTY (69-72) by Elizabeth Emmerson (99K)
  - Jump to section:
  - Introduction
  - Preservation
  - Access
  - Conclusion
- The Role Of The UN Archives In The Long-Term Legacy Of The ICTY (73-74) by Bridget Sisk (78K)
- The Availability And Accessibility Of ICTY Archives Via Information Centers (75-78) by Catherine Marchi-Uhel (100K)
  - Jump to section:
  - Views From The Region
  - Conclusion
- Preserving The ICTY Legacy Through Partnership, Oversight, And A Regional Institution (79-84) by Nataša Kandić (107K)
  - Jump to section:
  - Partnership With NGOs
  - Oversight Of Confidential Materials
  - Regional Body For Reconciliation
  - Conclusion
- The Critical Role Of The Security Council In Preserving The Long-Term Legacy Of The Tribunal (85-90) by Larry D. Johnson (109K)
  - Jump to section:
  - Background
  - The Security Council’s Role: The Residual Mechanism(s)
  - The Security Council’s Role: The Tribunal’s Archives
  - Information Centers
  - Conclusion
- Everything To Everyone: Debate Over The Final Location Of The ICTY Archives (91-94) by Gabrielle Kirk McDonald (403K)
- The Need For Large-Scale Victim Reparations (95-98) by Vesna Teršelič (96K)
  - Jump to section:
  - Access To Archival Materials
  - Transfer Of Information And Knowledge
  - Reliance On Local Institutions And Organizations
  - Extending The Network Of Informed Journalists Who Advocate Justice For Victims
- History, Myths, and the Promotion of Truth: Transforming the ICTY Legacy into a Living Memorial (99-102) by Mirsad Tokača (93K)
  - Jump to section:
  - Introduction
  - The Formation Of Historical Knowledge
  - Transforming The ICTY Archive Into A “Living Memorial”
  - The Bosnian War Crimes Atlas
  - The Importance Of Sustainable Peace Building And Conflict Prevention
  - Conclusion
- Victims’ Perspectives (103-106) by Edin Ramulić (96K)
  - Jump to section:
  - Introduction
  - The Legacy Up To Now
  - The Legacy Moving Forward
  - Conclusion
- The Relevance Of The ICTY Legacy For The Victims And Communities In Bosnia And Herzegovina (107-110) by Smail Čekić (108K)
  - Jump to section:
  - Introduction
  - Completion Of The Tribunal’s Mandate
  - Bosnia’s Special Claim To The ICTY Legacy
  - Conclusion
- Building The ICTY Legacy For Local Communities (111-114) by Mirko Klarin (98K)
  - Jump to section:
  - SENSE/Tribunal Legacy Project
- A Long Road Yet To Reconciliation: The Impact Of The ICTY On Reconciliation And Victims’ Perceptions Of Criminal Justice (115-120) by Refik Hodžić (105K)
  - Jump to section:
  - Introduction
  - Impact On The Process Of Reconciliation
  - Impact Of ICTY On Victims
  - Conclusion
- The ICTY Legacy In Finding Missing Persons (121-124) by Lina Milner (103K)
  - Jump to section:
  - Introduction
  - Defining The Missing
  - The Missing In The Former Yugoslavia
  - The Relevance Of The ICTY Legacy For Victims And Civil Society
  - Recommendations
  - Conclusion
- Historical Reflection And Peace Building For The Region (125-128) by Kelly Askin (95K)
  - Jump to section:
  - Introduction
  - Recommendations For Increasing Awareness In The Region
  - The Role Of Plea Agreements In The Legal Legacy Of The ICTY
  - The Shortcomings Of The ICTY And The Possibility Of Redress
  - The ICTY Legacy To The Rule Of Law
  - Conclusion
- The Archives As A Means Of Confronting The Past (129-132) by Bogdan Ivanišević (97K)
  - Jump to section:
  - Introduction
  - Can The ICTY Legacy And Records Be Used For Purposes Of Historical Reflection And Peace Building?
  - Continued Reluctance In The Region To Acknowledge And Condemn The Crimes
  - Conclusion
- Turning Darkness Into Light: The Quest For Justice By Srebrenica’s Mothers (133-138) by Munira Subašić (114K)
  - Jump to section:
  - Introduction
  - The 1992-1995 War
  - The Genocide In Srebrenica
  - Why Prevention Of Genocide Matters
  - Raising Public Consciousness About Genocide
  - Safeguarding The ICTY Legacy And Basic Human Rights Protections
  - Transferring the ICTY Archives to Srebrenica or Potočari
  - The Disempowerment Of Srebrenica Victims
  - Conclusion
- The Legacy Of The ICTY: National And International Efforts In Capacity Building (139-150) by Mark S. Ellis (445K)
  - Jump to section:
  - Introduction
  - Assessing The Scope Of The ICTY’s Capacity-Building Efforts
  - Determining The Objectives Of The ICTY’s Capacity-Building Efforts
  - Conclusion
- UN Capacity Building: Basing Efforts On Nationally-Assessed Goals, Policies, And Needs (151-156) by Shelley Inglis (107K)
  - Jump to section:
  - UN Activities
  - Key Principles And Practices
  - Reflections On Rule-Of-Law Capacity Building By The ICTY
  - Conclusion
- The European Union And Its Role In Providing Support To The Regional Entities (157-162) by Vincent Degert (105K)
  - Jump to section:
  - Introduction
  - EU Accession
  - The Importance Of Capacity Building
  - Defense Issues And Training For Defense Attorneys
  - Conclusion
- U.S. Efforts To Build Capacity In The Former Yugoslavia (163-166) by Barbara M. Carlin (89K)
- The ICTY’s Continuation Strategy: Partnership With Regional Judges And Attorneys (167-172) by Fausto Pocar (108K)
  - Jump to section:
  - The Expansion Of National War Crimes Courts
  - The Impact Of The Hybrid Procedure Of The ICTY
  - Partnership With Domestic Courts In The Region
  - Conclusion
- International Facilitation Of The Self-Determined Development Of The Legal System Of The Former Yugoslavia (173-176) by Bakone Justice Moloto (103K)
  - Jump to section:
  - Introduction
  - Roles Of The International Community And The UN In Advancing The Rule Of Law
  - Best Practices, Lessons Learned, And Needs Identified
  - Capacity-Building Activities
  - Sustainability And Local Ownership
  - Coordination Of Capacity Building In The Countries Of The Region
  - Conclusion
- The Evolution Of Capacity Building Through Direct Interaction: A Prosecutor’s Perspective (177-184) by Norman Farrell (115K)
  - Jump to section:
  - Best Practices, Lessons Learned, And Needs Identified In Knowledge Transfer And Capacity Building
  - Current Capacity-Building Activities And How The OTP Is Achieving Identified Goals
  - Ensuring Sustainability And Local Ownership
  - The Necessity Of Improving Coordination Of Capacity-Building Efforts In The Countries Of The Region
  - Conclusion
- Capacity Building: The Institutional War Crimes Legacy Of The ICTY And The International Donor Community In Bosnia And Herzegovina (185-230) by David Schwendiman (289K)
  - Jump to section:
  - Introduction
  - Background
  - False Assumptions, Strategic Warnings, And Comparisons
  - A Conceptual Framework For Capacity Building
  - War Crimes “Capacity Building” In Bosnia And Herzegovina
  - Conclusions And Recommendations
- Lessons for Teachers: Reflections on the Implementation of Capacity Building Programs in the Former Yugoslavia (231-236) by Ivan Jovanović (108K)
  - Jump to section:
  - Introduction
  - Lessons On Monitoring, Training, Cooperating, And Raising Awareness
  - Conclusion
- The Transplant Of Customary Law And ICTY Jurisprudence To The Courts In Bosnia And Herzegovina (237-244) by Meddžida Kreso (436K)
  - Jump to section:
  - The Importance Of Customary International Law And ICTY Jurisprudence For The Court Of BiH
  - Conclusion
- Long-Term Accountability (245-246) by Milorad Barašin (84K)
- The Independence Of The Croatian Judiciary (247-250) by Branko Hrvatin (92K)
  - Jump to section:
  - Independence Of The Judiciary
  - ICTY Jurisprudence And Practice: Efficiency And Cooperation
  - Conclusion
- Prosecution Of War Crimes In Croatia (251-254) by Mladen Bajić (97K)
  - Jump to section:
  - Steps Taken By The State Attorneys Office
  - Cooperative Effects
  - Improving Information Sharing And Archival Access Within ICTY
  - The War Crime Database
  - Learning From The ICTY
  - Conclusion
- Creating A Legacy Of Cooperation (255-258) by Siniša Važić (93K)
  - Jump to section:
  - Cooperation Among The Regional Courts
  - Cooperation With The ICTY
  - Conclusion
- On Regional Cooperation, Progress, And The International Legacy Of The ICTY (259-262) by Vladimir Vukčević (92K)
- The Impact Of Discourse On The Legacy Of The Tribunal (263-266) by Richard Dicker (383K)
- The Way Forward (267-270) by Patrick L. Robinson (86K)
- Key Elements And Leading Actors In The Comprehensive Legacy Strategy Of The Tribunal (271-278) by John Hocking (117K)
  - Jump to section:
  - Types Of Support Necessary To Maximize And Ensure The Tribunal’s Legacy
  - Status Of The Elements Of The Legacy Strategy
  - The Importance Of Outreach
  - The Younger Generation Is The Key To The Future
  - Correcting Myths
  - Conclusion
- Rule Of Law And The Ambition Of A Regional Legacy: Overcoming Political Challenges (279-286) by Richard H. Steinberg (122K)
  - Jump to section:
  - Rule Of Law In The Region As A Central Problem
  - Three Political Challenges To Justice And The Regional Legacy
  - Conclusion: The Way Forward
- The ICTY Legacy Strategy: Responsibilities And Abilities Of The International Community And The Netherlands (287-288) by Ernst Hirsch Ballin (89K)
  - Jump to section:
  - Introduction
  - Residual Mechanism
  - Transfer Of Responsibilities
  - International Judicial Cooperation
- Preserving The Legacy Of The ICTY: A Blueprint For The Future (289-292) by Srđan Arnaut (95K)
  - Jump to section:
  - The Way Forward: A Strategy For Completing An Unfinished Agenda
  - Three Legacies
  - The Prosecution Of War Crimes In Bosnia And Herzegovina
  - The Relevance Of The ICTY Legacy For Bosnia And Herzegovina
  - Conclusion
- The Effect of the ICTY on the Region (293-296) by Ivan Šimonović (83K)
- Creating A Legacy For Robust Defense (297-300) by Tomislav Višnjić (99K)
  - Jump to section:
  - Legacies And The Defense
  - The Legal Legacy
  - The Archival Legacy
  - The Institutional Legacy
  - Conclusion
- Constructing The Legacy: Convergence Among The Stakeholders (301-306) by Richard H. Steinberg (414K)
  - Jump to section:
  - Increasing The Rate Of Prosecution In National War Crimes Proceedings
  - Establishing Improved And Long-Lasting Access To Tribunal Information
  - The Residual Mechanism(s)
  - Appropriate Diffusion Of ICTY Jurisprudence And Practice
  - Long-Term International Engagement
  - Conclusion
- Hope For The Future Of Justice (307-310) by Ernst Hirsch Ballin (87K)
- The Virtues Of Patience And Open Discourse (311-312) by Patrick L. Robinson (63K)
- Index (313-318) (62K)

Book: Assessing the Legacy of the ICTY
Publication Year: 2011
Language: English
Edited by: R. H. Steinberg
ISBN: 9789004186248
e-ISBN: 9789004215641
Subject: International Law
DOI: 10.1163/ej.9789004186248.i-318

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