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The International Criminal Tribunal for the former Yugoslavia
(ICTY) is one the pioneering experiments in international criminal
justice. It has left a rich legal, institutional, and non-judicial
legacy. This edited collection provides a broad perspective on the
contribution of the tribunal to law, memory, and justice. It
explores some of the accomplishments, challenges, and critiques of
the ICTY, including its less visible legacies. The book analyses
different sites of legacy: the expressive function of the tribunal,
its contribution to the framing of facts, events, and narratives of
the conflict in the former Yugoslavia, and investigative and
experiential legacies. It also explores lesser known aspects of
legal practice (such as defence investigative ethics, judgment
drafting, contempt cases against journalists, interpretation and
translation), outreach, approaches to punishment and sentencing,
the tribunals' impact on domestic legal systems, and ongoing
debates over impact and societal reception. The volume combines
voices from inside the tribunal with external perspectives to
elaborate the rich history of the ICTY, which continues to be
written to this day.
Although sexual violence directed at both females and males is a
reality in many on-going conflicts throughout the world today,
accountability for the perpetrators of such violence remains the
exception rather than the rule. While awareness of the problem is
growing, more effective approaches are urgently needed for the
investigation and prosecution of conflict-related sexual violence
crimes. Upon its establishment in 1993, the Office of the
Prosecutor (OTP) of the International Criminal Tribunal for the
Former Yugoslavia (ICTY) began the challenging task of prosecuting
the perpetrators of conflict-related sexual violence crimes,
alongside the many other atrocities committed during the conflicts
in the former Yugoslavia. This book documents the experiences,
achievements, challenges, and fundamental insights of the OTP in
prosecuting conflict-related sexual violence crimes at the ICTY
over the past two decades. It draws on an extensive dossier of OTP
documentation, court filings, trial exhibits, testimony, ICTY
judgements, and other materials, as well as interviews with current
and former OTP staff members. The authors provide a unique
analytical perspective on the obstacles faced in prioritizing,
investigating, and prosecuting conflict-related sexual violence
crimes. While ICTY has made great stridesin developing
international criminal law in this area, this volumeexposes the
pressing need for determined and increasingly sophisticated
strategies in order to overcome the ongoing obstacles in
prosecuting conflict-related sexual violence crimes. The book
presents concrete recommendations to inform future work being done
at the national and international levels, including that of the
International Criminal Court, international investigation
commissions, and countries developing transitional justice
processes. It provides an essential resource for investigators and
criminal lawyers, human rights fact-finders, policy makers, rule of
law experts, and academics.
Although sexual violence directed at both females and males is a
reality in many on-going conflicts throughout the world today,
accountability for the perpetrators of such violence remains the
exception rather than the rule. While awareness of the problem is
growing, more effective approaches are urgently needed for the
investigation and prosecution of conflict-related sexual violence
crimes. Upon its establishment in 1993, the Office of the
Prosecutor (OTP) of the International Criminal Tribunal for the
Former Yugoslavia (ICTY) began the challenging task of prosecuting
the perpetrators of conflict-related sexual violence crimes,
alongside the many other atrocities committed during the conflicts
in the former Yugoslavia. This book documents the experiences,
achievements, challenges, and fundamental insights of the OTP in
prosecuting conflict-related sexual violence crimes at the ICTY
over the past two decades. It draws on an extensive dossier of OTP
documentation, court filings, trial exhibits, testimony, ICTY
judgements, and other materials, as well as interviews with current
and former OTP staff members. The authors provide a unique
analytical perspective on the obstacles faced in prioritizing,
investigating, and prosecuting conflict-related sexual violence
crimes. While ICTY has made great stridesin developing
international criminal law in this area, this volumeexposes the
pressing need for determined and increasingly sophisticated
strategies in order to overcome the ongoing obstacles in
prosecuting conflict-related sexual violence crimes. The book
presents concrete recommendations to inform future work being done
at the national and international levels, including that of the
International Criminal Court, international investigation
commissions, and countries developing transitional justice
processes. It provides an essential resource for investigators and
criminal lawyers, human rights fact-finders, policy makers, rule of
law experts, and academics.
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