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Journal articles on the topic 'ICTY'

Author: Grafiati

Published: 4 June 2021

Last updated: 26 July 2025

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1

Banjarani, Desia Rakhma, Abdul Muthalib Tahar, and Desy Churul Aini. "Studi Perbandingan Kelembagaan dan Yurisdiksi International Criminal Tribunal for the Former Yugoslavia (ICTY) dan the International Criminal Tribunal for Rwanda (ICTR) dengan International Criminal Court (ICC)." Cepalo 1, no. 1 (2019): 41. http://dx.doi.org/10.25041/cepalo.v1no1.1754.

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Pentingnya keberadaan pengadilan internasional ICTY, ICTR dan ICC dalam menangani kejahatan internasional dikarenakan pengadilan nasional dianggap tidak mampu untuk merespon kejahatan internasional. Hal tersebut dapat terjadi ketika pengadilan nasional mengalami kerusakan struktur dan sistem. Kerusakan struktur dan sistem pengadilan nasional dapat terjadi pasca suatu negara dilanda konflik yang serius seperti yang terjadi pada saat konflik di Yugoslavia dan Rwanda. Situasi seperti ini disebut sebagai ketidakmampuan (unability) suatu pengadilan nasional dalam mengadili pelaku kejahatan internas

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2

Goy, Barbara. "Individual Criminal Responsibility before the International Criminal Court." International Criminal Law Review 12, no. 1 (2012): 1–70. http://dx.doi.org/10.1163/157181212x616522.

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For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the j

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Mamedov, H. A. "General characteristics of evidence in international ad hoc criminal tribunals (ICTY, ICTR, IRMCT)." Uzhhorod National University Herald. Series: Law 4, no. 85 (2024): 294–99. http://dx.doi.org/10.24144/2307-3322.2024.85.4.43.

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A study of the evidence in the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Residual Mechanism for Criminal Tribunals is provided. Attention is paid that the Yugoslav and Rwandan tribunals, established by the UN Security Council based on UN Security Council resolutions; the reasons for the creation of these tribunals were the most audacious violations of human rights in the form of international crimes. In fact, in the resolution that established the Yugoslav Tribunal, the UN Security Council expressed its conce

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BOAS, GIDEON. "Special Edition on Sentencing: Introduction." Leiden Journal of International Law 16, no. 4 (2003): 715–16. http://dx.doi.org/10.1017/s0922156503001407.

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This issue of the journal contains a special edition relating to sentencing at the International Criminal Tribunal for the former Yugoslavia (ICTY). The purpose of this special edition is to examine a critical aspect of the work of the ICTY, and one which might be said at this stage of work at the ICTY and its sister tribunal, the International Criminal Tribunal for Rwanda (ICTR), to be still in development. This issue contains articles by people well placed to bring different and diverse perspectives to this important issue, as well as an expertise across the fields of practice and academia.

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Hola, Barbora, and Olivera Simic. "ICTY Celebrities." International Criminal Justice Review 28, no. 4 (2018): 285–90. http://dx.doi.org/10.1177/1057567718770707.

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GALBRAITH, JEAN. "‘New Facts’ in ICTY and ICTR Review Proceedings." Leiden Journal of International Law 21, no. 1 (2008): 131–50. http://dx.doi.org/10.1017/s0922156507004761.

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AbstractThe Statutes of the ICTY and ICTR provide for the review of final judgments upon the discovery of a ‘new fact’ that could have affected the judgments. The Appeals Chambers of the two Tribunals interpret the term ‘new fact’ to mean new information related to a matter that was not at issue during the original trial, as opposed to simply meaning new information of a factual nature. The article argues that this interpretation of ‘new fact’ creates a risk that review will be denied on formalistic grounds even in situations where principles of justice would make review plainly warranted. The

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Symons, Louise. "The inherent powers of the ICTY and ICTR." International Criminal Law Review 3, no. 4 (2003): 369–404. http://dx.doi.org/10.1163/157181203322584413.

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8

Triffterer, Otto. "Causality, a Separate Element of the Doctrine of Superior Responsibility as Expressed in Article 28 Rome Statute?" Leiden Journal of International Law 15, no. 1 (2002): 179–205. http://dx.doi.org/10.1017/s0922156502000080.

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The jurisprudence of the ICTY and the ICTR has denied this question, but accepts causality as a basic principle of criminal responsibility. Since the relevant articles in the Statute of the ICTY (Article 7(3)) and the ICTR (Article 6(3)), differ from Article 28 of the Rome Statute, which demands “a result of his or her failure to exercise control properly,” a comparative study is desirable. It has to include the question, whether this failure overlaps with the omission “to take all necessary or reasonable measures within his or her power,” and whether the last alternative “failed […] to submit

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9

Dieckmann, Jens, and Christina Kerll. "UN Ad Hoc Tribunals Under Time Pressure – Completion Strategy and Referral Practice of the ICTY and ICTR from the Perspective of the Defence." International Criminal Law Review 8, no. 1-2 (2008): 87–108. http://dx.doi.org/10.1163/156753608x265240.

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AbstractThe ICTY and ICTR have been put under an enormous time pressure to comply with the deadlines scheduled by the so-called Completion Strategy, which was announced by the United Nations Security Council in its Resolutions 1503 and 1534. This strategy called upon the two ad hoc Tribunals to focus on the trials of the most senior leaders and transfer intermediary- and lower-level accused to competent national jurisdictions in order to complete all trial activities at first instance by 2008 and all of its work by 2010. Rules 11bis of the ICTY and ICTR Rules of Procedure and Evidence were con

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Mundis, Daryl A. "The Election of Ad Litem Judges and Other Recent Developments at the International Criminal Tribunals." Leiden Journal of International Law 14, no. 4 (2001): 851–66. http://dx.doi.org/10.1017/s0922156501000401.

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There have been several important developments concerning the ICTY and ICTR recently. For example, steps have been taken to improve the efficient operation of both ad hoc Tribunals, to include the addition of ad litem judges at the ICTY, an increase in the number of judges assigned to the common Appeals Chamber (to include the permanent assignment of ICTR judges to The Hague for this purpose), and amendments to the Rules of Procedure and Evidence of both ad hoc International Criminal Tribunals. In addition, efforts have been initiated to provide for compensation to victims and to individuals w

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Hola, Barbora. "Sentencing of International Crimes at the ICTY and ICTR." Amsterdam Law Forum 4, no. 4 (2012): 3. http://dx.doi.org/10.37974/alf.233.

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Jia, Bing Bing. "The Legacy of the ICTY and ICTR in China." AJIL Unbound 110 (2016): 245–50. http://dx.doi.org/10.1017/s2398772300009107.

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Legacy is a matter that may become topical when its creator finally stops producing. Normally, the silent years would be many before the thought of legacy enters into open, formal discourse among lawyers and decision-makers. This comment treats the meaning of the word as relative to the circumstances in which it is invoked. The more closely it is used in relation to the present, the more distant it drifts from its literal meaning, to the extent that it denotes what the word “impact” signifies. This essay questions whether the word “legacy” is apt in describing the footprint of the work of the

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Luban, David. "Demystifying Political Violence: Some Bequests of ICTY and ICTR." AJIL Unbound 110 (2016): 251–57. http://dx.doi.org/10.1017/s2398772300009119.

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As Sara Kendall and Sarah M. H. Nouwen rightly notice, “legacy” is a big word, and it may be too soon even to begin to evaluate the legacies of the international criminal tribunals. Legacies are whatever future generations take from the tribunals. That, obviously, is in their hands, not the hands of the tribunals. So the question of legacies is more properly a question of bequests, and the inquiry must be a modest one: how do we evaluate the successes and failures of the tribunals in the here and now rather than the further future? Failures matter as well as successes, and as in science, failu

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Chlevickaitė, Gabrielė, Barbora Holá, and Catrien Bijleveld. "Judicial Witness Assessments at the ICTY, ICTR and ICC." Journal of International Criminal Justice 18, no. 1 (2020): 185–210. http://dx.doi.org/10.1093/jicj/mqaa002.

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Abstract Accurate assessment of witness testimonies underpins judicial fact-finding at international criminal courts and tribunals (ICCTs). However, the lack of formal assessment criteria and uncoordinated methods, coupled with advances in the scientific understanding of the psychology of witnessing, calls for a re-examination of the judicial practice. This study critically evaluates the state of the art of witness assessments at the International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for the former Yugoslavia (ICTY), and the International Criminal Court (ICC), b

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Peterson, Ines. "Criminal Responsibility for Omissions in ICTY and ICTR Jurisprudence." International Criminal Law Review 18, no. 5 (2018): 749–87. http://dx.doi.org/10.1163/15718123-01805004.

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The present article analyses the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR) jurisprudence on omission liability – as a perpetrator or accomplice – for crimes actively committed by others. After explaining how the Tribunals have applied the concept in relation to specific modes of liability, an in-depth assessment of the case law is undertaken with respect to relevant duties to act, the material ability to behave in accordance with such duties, the link between a failure to do so and the commission of crimes, as well as the requisite mens rea. The intell

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Holá, Barbora, Catrien Bijleveld, and Alette Smeulers. "Consistency of international sentencing: ICTY and ICTR case study." European Journal of Criminology 9, no. 5 (2012): 539–52. http://dx.doi.org/10.1177/1477370812453112.

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The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are the first, post Cold War international criminal tribunals convicting perpetrators of genocide, crimes against humanity and war crimes. Their sentencing practice has been largely criticized as inconsistent. This quantitative study addresses the criticism and empirically investigates the consistency of international sentencing. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that similar, legally r

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Budisantosa, Kushartoyo. "STUDI KOMPARATIF KONFLIK BERSENJATA NON-INTERNASIONAL DALAM HUKUM HUMANITER INTERNASIONAL ( Comparative Study on Non-International Armed Conflict in International Humanitarian Law )." terAs Law Review : Jurnal Hukum Humaniter dan HAM 2, no. 2 (2021): 1–32. http://dx.doi.org/10.25105/teras-lrev.v2i1.9051.

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AbstrakKonvensi-konvensi Jenewa 1949 dan Protokol Tambahan II 1977 tidak memberikan definisi mengenai konflik bersenjata non-internasional (KBNI). Protokol Tambahan II hanya menentukan ambang batas atas dan bawah yang termasuk ke dalam jenis konflik ini, termasuk persyaratan yang diperlukan agar Protokol berlaku. Penentuan jenis konflik berguna untuk menentukan apakah Hukum Humaniter Internasional (HHI) berlaku. Sehubungan dengan itu, jurisprudensi pada Tribunal Internasional untuk bekas Negara Yugoslavia (ICTY) dan Rwanda (ICTR), Pengadilan Khusus untuk Siera-Leone (SCSL), dan Mahkamah Krimin

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Petrović, Vladimir. "The ICTY Library." International Criminal Justice Review 28, no. 4 (2018): 333–48. http://dx.doi.org/10.1177/1057567718766221.

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The purpose of this contribution is to shed light on the literary output of persons indicted or sentenced for war crimes in the International Criminal Tribunal for the former Yugoslavia (ICTY). Over one hundred books—autobiographies, studies, collections of documents, and even novels and poetry have been generated by no less than 22 persons in the detention unit of the ICTY in The Hague since 1993. Although some of these works did cause an occasional stir, as of yet there is no detailed overview of the entirety of this literary output. In order to fill this gap, this article assembles a full c

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Peterson, Ines. "Open Questions Regarding Aiding and Abetting Liability in International Criminal Law: A Case Study of icty and ictr Jurisprudence." International Criminal Law Review 16, no. 4 (2016): 565–612. http://dx.doi.org/10.1163/15718123-01604004.

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This article explores icty and ictr jurisprudence on central aspects of aiding and abetting liability, in particular with respect to holding high-ranking military and political figures accountable for international crimes in which they were not directly involved. A close look is taken at the Tribunals’ interpretation – both in law and fact – of the actus reus of aiding and abetting (specifically substantial contribution, encouragement and moral support as well as the temporary alignment between an act of assistance and knowledge that it will contribute to crimes), mens rea (including the thres

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20

Pribadi, Handi, Indah Pujiati, and Cahyani Melyawati. "Peran Pengadilan Internasional Dalam Penyelesaian Kejahatan Perang : Studi Kasus Konflik Di Balkan Dan Rwanda." Jurnal Hukum Malahayati 6, no. 1 (2025): 33–39. https://doi.org/10.33024/jhm.v6i1.19359.

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Pengadilan Internasional memainkan peran krusial dalam penegakan hukum terhadap kejahatan perang, seperti yang terlihat dalam kasus konflik di Balkan dan Rwanda. Pembentukan Internasional Criminal Tribunal for the former Yugoslavia (ICTY) dan International Criminal Tribunal for Rwanda (ICTR) oleh Dewan Keamanan PBB yang bertujuan untuk mengadili individu yang bertanggung jawab atas kejahatan – kejahatan serius selama konflik tersebut. Kedua tribunal ini memiliki mandat untuk mengadili kejahatan terhadap genosida, kejahatan terhadap kemanusiaan, dan pelanggaran serius terhadap hukum humaniter i

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Rydberg, Åsa. "Constitutional and Institutional Developments." Leiden Journal of International Law 13, no. 1 (2000): 101–3. http://dx.doi.org/10.1017/s092215650000008x.

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On 16 November 1999, during the Twenty-first Plenary Session of the International Criminal Tribunal for the former Yugoslavia (ICTY), the Judges chose Judge Jorda as the new President of the ICTY. Judge Jorda took over the presidency from Judge Gabrielle Kirk McDonald, who left the ICTY at the end of the first term of her presidency. A French national, President Jorda has been a Judge at the ICTY since January 1994. Since October 1995, he has been the Presiding Judge of Trial Chamber I of the ICTY.

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Hola, Barbora, Catrien Bijleveld, and Alette Smeulers. "Punishment for Genocide – Exploratory Analysis of ICTR Sentencing." International Criminal Law Review 11, no. 4 (2011): 745–73. http://dx.doi.org/10.1163/157181211x587193.

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AbstractThe sentencing practice of the International Criminal Tribunal for Rwanda (ICTR) is a relatively neglected topic in academic discussions. The few empirical studies on sentencing of international crimes have focused primarily on the sentencing practice of its 'sister court', the International Criminal Tribunal for the Former Yugoslavia (ICTY). Unlike ICTY defendants, almost all ICTR defendants have been convicted of and sentenced for genocide – arguably the most serious international crime. This empirical study examines the sentencing practice of the ICTR and analyses the relationship b

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Salkiewicz-Munnerlyn, Ewa. "R. LEMKIN'S CONTRIBUTION TO THE DEVELOPMENT OF MODERN INTERNATIONAL LAW AND INTERNATIONAL CRIMINAL LAW." Armenian Folia Anglistika 17, no. 2 (24) (2021): 141–59. http://dx.doi.org/10.46991/afa/2021.17.2.141.

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This article presents the significance and impact of Lemkin's concept of genocide on the development of international law. We will randomly present the jurisprudence of international courts such as the ICJ, the ICC, the ICTY and the ICTR, which analyzed the concepts of genocide, including cultural heritage crimes. Residual functions of the ICTY, including oversight of sentences and consideration of any appeal proceedings initiated since 1 July 2013, are under the jurisdiction of a successor body, the International Residual Mechanism for Criminal Tribunals (IRMCT). The article also invites atte

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Bílková, Veronika. "Divided We Stand? The AD HOC Tribunals and the CEE Region." AJIL Unbound 110 (2016): 240–44. http://dx.doi.org/10.1017/s2398772300009090.

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After WWII, countries of Central and Eastern Europe (CEE) actively backed the establishment of the military tribunals in Nuremberg and Tokyo. In the early 1990s, when the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR) were created by the UN Security Council, the CEE countries again lent uniform, albeit largely rhetorical support to these institutions. A quarter of a century later, this uniformity seems to be gone. While the CEE countries continue to express belief in international criminal justice, they no longer agree with each other on whether this ju

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Landale, Brigitte Benoit, and Huw Llewellyn. "The International Residual Mechanism for Criminal tribunals: The Beginning of the end for the ICTY and ICTR." International Organizations Law Review 8, no. 2 (2011): 349–65. http://dx.doi.org/10.1163/157237411x633863.

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AbstractThis article identifies the significant steps that led to the adoption of Security Council Resolution 1966 (2010) establishing a Residual Mechanism for the ICTY and ICTR, and summarises the principal features of the Mechanism. It looks more closely at some of the Resolution's most important aspects, including the continuity of the Tribunals' jurisdiction, the way in which it seeks to avoid impunity for the fugitive indictees, and the commencement, transitional and duration provisions. Based on the current trials and appeals schedules of the ICTY and ICTR, the article sets out which cas

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Riegler, Edith. "Rehabilitating Enemies of Mankind: An Exploration of the Concept of Rehabilitation as a Sentencing Aim at the icty and the icc." International Criminal Law Review 20, no. 4 (2020): 701–27. http://dx.doi.org/10.1163/15718123-02003003.

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This article explores the concept of rehabilitation as a sentencing aim at the International Criminal Tribunal for the former Yugoslavia (icty) and the International Criminal Court (icc). All sentencing decisions and early release decisions, as well as the positive law of the icty and the icc were examined alongside relevant scholarly literature to explore the institutions’ conceptualisation of rehabilitation. The comparative qualitative analysis showed that there is considerable incoherence in the conceptualisation of rehabilitation, both within the icty, as well as between the icty and the i

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HOLÁ, BARBORA, ALETTE SMEULERS, and CATRIEN BIJLEVELD. "Is ICTY Sentencing Predictable? An Empirical Analysis of ICTY Sentencing Practice." Leiden Journal of International Law 22, no. 1 (2009): 79–97. http://dx.doi.org/10.1017/s0922156508005645.

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AbstractThis quantitative study analyses the sentencing practice of the International Criminal Tribunal for the former Yugoslavia (ICTY). The sentencing process is only loosely regulated by the ICTY Statute, and consequently it is not clear how judges exercise their broad discretionary sentencing powers in practice. By analysing the existing case law, legal factors influencing the sentencing decisions are examined. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that the sentence can be to a large extent predic

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Kutnjak Ivković, Sanja, and John Hagan. "The legitimacy of international courts: Victims’ evaluations of the ICTY and local courts in Bosnia and Herzegovina." European Journal of Criminology 14, no. 2 (2016): 200–220. http://dx.doi.org/10.1177/1477370816649625.

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This paper presents the results of a 2007 survey of victims of war crimes and crimes against humanity from Bosnia and Herzegovina. We study the level of diffuse and specific support for the International Criminal Tribunal for the former Yugoslavia (ICTY) among its constituency by exploring the respondents’ views about the ICTY and the local courts in Bosnia and Herzegovina, Croatia, and Serbia. Our results show that, whereas the ICTY was the preferred decision-maker for war crimes and crimes against humanity for the majority of the respondents, ethnicity plays a strong role in the perceptions

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Gill, Saahil. "Inconsistent Justice." Canadian Journal for the Academic Mind 2, no. 2 (2025): 41–56. https://doi.org/10.25071/2817-5344/95.

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This paper critically examines landmark precedents set by the International Criminal Tribunals for Rwanda (ICTR) and the former Yugoslavia (ICTY) in prosecuting sexual violence as a means of genocide. Under statutory international humanitarian law, sexual violence is not explicitly listed as a means of genocide, leaving the chambers of these aforementioned tribunals to interpret various legal instruments in order to prosecute the perpetrators of sexual violence during the armed conflicts. In this context, the ICTR set a groundbreaking precedent in the Akayesu case by recognizing sexual violenc

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McAllister, Jacqueline R. "Deterring Wartime Atrocities: Hard Lessons from the Yugoslav Tribunal." International Security 44, no. 3 (2020): 84–128. http://dx.doi.org/10.1162/isec_a_00370.

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Advocates of wartime international criminal tribunals (ICTs) hope that such tribunals can deter combatant atrocities against civilians. Yet, more than twenty-five years after the establishment of the first wartime ICT—the International Criminal Tribunal for the former Yugoslavia (ICTY)—wartime ICTs’ role in deterring such violence remains a matter of debate. Insights from criminology, as well as research on civil conflicts and international legal compliance, suggest that ICTs are most likely to deter government and rebel forces from committing atrocities against civilians when all three of the

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Brodersen, Kei Hannah. "The icty’s Conditionality Dilemma." European Journal of Crime, Criminal Law and Criminal Justice 22, no. 3 (2014): 219–48. http://dx.doi.org/10.1163/15718174-22032048.

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The European Union has made cooperation with the International Criminal Tribunal for the former Yugoslavia a crucial condition to furthering relations with Serbia. This approach, known as “icty conditionality”, stems from the conviction that the Tribunal is a key factor in rebuilding the rule of law in the Western Balkans. In contrast to the existing literature on eu conditionality in general or on icty conditionality in specific, this article emphasizes the relevance of all involved actors: it examines the interaction of icty conditionality, domestic factors and the icty’s judicial performanc

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JACKSON, JOHN, and YASSIN M’BOGE. "The Effect of Legal Culture on the Development of International Evidentiary Practice: From the ‘Robing Room’ to the ‘Melting Pot’." Leiden Journal of International Law 26, no. 4 (2013): 947–70. http://dx.doi.org/10.1017/s0922156513000496.

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AbstractThis paper draws on some of the preliminary findings of a small pilot study which aimed to discover what evidentiary challenges a range of practitioners with experience of different international trials faced in the cases they were involved in, and what practices were developed to deal with these challenges. The findings in this study are based on the data collected from The Hague-based institutions, the ICC, the ICTY, the ICTY and ICTR Appeals Chamber, and the Special Tribunal for the Lebanon (STL). It is argued that professionals moving from institution to institution are engaged in

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Askin, Kelly D. "Sexual Violence in Decisions and Indictments of the Yugoslav and Rwandan Tribunals: Current Status." American Journal of International Law 93, no. 1 (1999): 97–123. http://dx.doi.org/10.2307/2997957.

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The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 to prosecute war crimes committed during the Yugoslav conflict; the International Criminal Tribunal for Rwanda (ICTR) was established in 1994 to prosecute war crimes committed during the Rwandan civil war. The Yugoslav Tribunal has the competence to try alleged offenders for crimes enumerated in Articles 2-5 of its Statute, namely, grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. Similarly, the Rwandan Statute accords the Tr

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SAYERS, STEPHEN M. "Defence Perspectives on Sentencing Practice in the International Criminal Tribunal for the Former Yugoslavia." Leiden Journal of International Law 16, no. 4 (2003): 751–76. http://dx.doi.org/10.1017/s0922156503001420.

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This article presents some defence perspectives on the sentencing practices of the ICTY and the ICTR. Recent developments, such as the new regime of plea bargaining recognized by recently adopted Rule 62 ter, are examined, along with the concepts of deterrence and retribution frequently recognized as the most important sentencing factors. In addition, the concept of ‘substantial co-operation’ with the prosecution is reviewed, an increasingly common phenomenon in sentencing decisions, and one which appears to entitle persons who demonstrate ‘substantial co-operation’ to significant discounts in

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TRACOL, XAVIER. "The Precedent of Appeals Chambers Decisions in the International Criminal Tribunals." Leiden Journal of International Law 17, no. 1 (2004): 67–102. http://dx.doi.org/10.1017/s092215650400161x.

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The principle of judicial precedent set out by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia raises the five following issues. (i) Is the Appeals Chamber bound by its previous decisions? (ii) Are the trial chambers bound by Appeals Chamber decisions on both legal and factual issues? (iii) Are the trial chambers bound by the decisions of other trial chambers? (iv) Is the Appeals Chamber of the ICTY bound by the decisions of the Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) and vice versa? (v) Are the trial chambers of the ICTR bo

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Milanović, Marko. "The Impact of the ICTY on the Former Yugoslavia: An Anticipatory Postmortem." American Journal of International Law 110, no. 2 (2016): 233–59. http://dx.doi.org/10.5305/amerjintelaw.110.2.0233.

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A strange thing about the International Criminal Tribunal for the Former Yugoslavia (ICTY) is that for most of its life, it has thought about its death. The Tribunal, of course, kept getting a reprieve. But today it seems more likely than not that the ICTY will indeed close down sometime in 2017, after the conclusion of the two cases it currently has at trial. Yet even after its closure, the ICTY will continue in a sort of un-death, through the unfortunately named Mechanism for International Criminal Tribunals, which will complete retrial and appellate proceedings in the cases currently tried

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Jenks, Chris. "Prosecutor V. Perišić (ICTY)." International Legal Materials 52, no. 5 (2013): 1065–116. http://dx.doi.org/10.5305/intelegamate.52.5.1065.

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What are the requisite elements to convict an individual of aiding and abetting international crimes committed by an organization? This form of liability question was the principal issue the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) addressed in its February 28, 2013 judgment overturning the 2011 conviction of General Momčilo Perišić, the former head of the Army of Yugoslavia (VJ), for aiding and abetting war crimes in Bosnia-Herzegovina and Croatia.

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Mcdermott, Yvonne. "Prosecutor V. Karadžić (ICTY)." International Legal Materials 52, no. 5 (2013): 1117–56. http://dx.doi.org/10.5305/intelegamate.52.5.1117.

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On July 11, 2013, in the case against Radovan Karadžić, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) held that the evidence presented against the accused, if taken at its highest, could lead a reasonable trier of fact to find that genocide against Bosnian Muslim and/or Bosnian Croat groups had occurred in Bosnia and Herzegovina in 1992. This decision overturned an earlier ruling by Trial Chamber III on the accused’s motion for acquittal pursuant to Rule 98bis of the Rules of Procedure and Evidence, which found that there was insufficient evidence

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Mundis, Daryl. "ICTY: Prosecutor v. Krstić." International Legal Materials 40, no. 6 (2001): 1343–407. http://dx.doi.org/10.1017/s0020782900020957.

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HOLÁ, BARBORA, ALETTE SMEULERS, and CATRIEN BIJLEVELD. "Is ICTY Sentencing Predictable? An Empirical Analysis of ICTY Sentencing Practice – CORRIGENDUM." Leiden Journal of International Law 22, no. 2 (2009): 411. http://dx.doi.org/10.1017/s0922156509005895.

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Crawford, Emily. "The ictr and Its Contribution to the Revivification of International Criminal Law." Journal of International Peacekeeping 22, no. 1-4 (2020): 231–46. http://dx.doi.org/10.1163/18754112-0220104015.

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In this article, Emily Crawford explores one set of key institutional and legal responses to, and consequences of, the Rwanda genocide – the ictr and the revival of icl that the ictr and the icty heralded. Tracing the development of the concept and institutions of icl, Crawford observes how the case law of the [ad hoc] tribunals, and the ictr in particular, were pivotal in progressively developing the international law of genocide, and the law of non-international armed conflict’.

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Fidahić, Besmir. "Case Study: The International Criminal Tribunal for the Former Yugoslavia’s Court Transcripts in Bosnian/Croatian/Serbian—Part 1: Needs, Feasibility, and Output Assessment." Genocide Studies and Prevention 15, no. 2 (2021): 37–48. http://dx.doi.org/10.5038/1911-9933.15.2.1846.

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International Criminal Tribunal for the Former Yugoslavia (ICTY) remains the most important organization for the past, the present, and the future of the former Yugoslavia. Faced with a country that always lived under totalitarian regimes with very little insight into actions of the groups and individuals who reaped unthinkable havoc on each other at the end of the twentieth century, the ICTY set undisputable historical record about events that took place during the 1991–1999 wars and put the country on an excellent track towards transformation for the better. But even 28 years since the estab

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CARCANO, ANDREA. "Requests for Review in the Practice of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda." Leiden Journal of International Law 17, no. 1 (2004): 103–19. http://dx.doi.org/10.1017/s0922156504001621.

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This article is concerned with the remedy of ‘review’ provided for in the Statutes of the International Criminal Tribunal for the former Yugoslavia and for Rwanda, in Articles 26 and 25 respectively, which allows a convicted individual or the prosecution to seek the reopening of a case on the basis of a new fact. The main purpose of this article is to provide a comprehensive overview of how this remedy has been applied by the chambers of the ICTY and the ICTR. It focuses first on the relevant provisions set out in the Statutes and in the Rules of Procedure and Evidence of the two tribunals, an

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Rashica, Viona. "The Main Characteristics of the International Criminal Tribunal for the Former Yugoslavia During its Mandate from 1993 to 2017." SEEU Review 14, no. 1 (2019): 91–116. http://dx.doi.org/10.2478/seeur-2019-0006.

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Abstract The tradition of international criminal tribunals which started with the Nuremberg and Tokyo tribunals was returned with the International Criminal Tribunal for the former Yugoslavia. As a result of the bloody wars in the territory of the former Yugoslavia in the 1990s, the Security Council of the United Nations decided to establish the ICTY as an ad hoc tribunal, that was approved by the resolutions 808 and 827. The main purpose of the paper is to highlight the features of the ICTY during its mandate from 1993 to 2017. For the realization of this research are used qualitative methods

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Krug, Peter. "The Emerging Mental Incapacity Defense in International Criminal Law: Some Initial Questions of Implementation." American Journal of International Law 94, no. 2 (2000): 317–35. http://dx.doi.org/10.2307/2555295.

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The norms and mechanisms for international prosecution of humanitarian law and mass human rights violations have been refined in the 1990s to include affirmation of the principle that separate (or “affirmative”) defenses to individual liability are admissible in international criminal law. Explicit recognition of the availability and nature of separate defenses is found in the statute of the international criminal court (ICC). Indirect application is found to a very limited extent in the Statute of the International Criminal Tribunal for the former Yugoslavia (ICTY), but not in the Statute of

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Selimovic, Johanna Mannergren. "Perpetrators and victims." Focaal 2010, no. 57 (2010): 50–61. http://dx.doi.org/10.3167/fcl.2010.570104.

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This article juxtaposes local understandings and narratives on justice and reconciliation in Bosnia and Herzegovina with those of the International Criminal Tribunal for the former Yugoslavia (ICTY). By looking at notions of collective innocence/guilt, the development of victim identities, and the relativization of the suffering of the other, it explores the failure of the ICTY to offer a convincing model of transitional justice in Bosnia. Although the ICTY disciplines the boundary between victim and perpetrator through measures for shared truth and individual justice, local discourses resist

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Rodman, Kenneth A. "How Politics Shapes the Contributions of Justice: Lessons from the ICTY and the ICTR." AJIL Unbound 110 (2016): 234–39. http://dx.doi.org/10.1017/s2398772300009089.

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The International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) established a number of precedents in international criminal law, as detailed by Darryl Robinson and Gillian MacNeil.1 They also set the template for the International Criminal Court (ICC) and other tribunals as to how politics can both empower and constrain international prosecution and determine its potential contribution to peace.The lesson of the ICTY is that international criminal law can assist peace processes in an ongoing way if powerful states and international institutions complement it with coerc

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Isaac, Maike, and Olga Jurasz. "Towards an Intersectional Understanding of Conflict-Related Sexual Violence: Gender, Sexuality, and Ethnicity at the ICTY." International Criminal Law Review 18, no. 5 (2018): 853–82. http://dx.doi.org/10.1163/15718123-01805003.

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In the past 25 years, the International Criminal Tribunal for the former Yugoslavia (ICTY) has contributed significantly to a more sophisticated understanding of conflict-related sexual violence (CRSV) in international criminal law. The ICTY’s jurisprudence has broken new ground in relation to the prosecution of CRSV, but also has brought to light the multifaceted challenges associated with the prosecution of such crimes at an international level. Whilst cases heard by the ICTY have addressed both CRSV committed against women and men, there exist significant differences in the ways in which th

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Tournaye, Cécile. "Genocidal Intent Before the Icty." International and Comparative Law Quarterly 52, no. 2 (2003): 447–62. http://dx.doi.org/10.1093/iclq/52.2.447.

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Several crimes recognized in international criminal law are intimately linked to the horrors of the holocaust. Persecution, extermination, and genocide are historically intertwined notions that in all minds refer to the ordeal of the Jewish people before and during the Second World War. This is particularly so with genocide. The 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the ‘Genocide Convention’) is a legal answer to the holocaust. Yet, as any legal notion, genocide goes beyond the characterisation of a specific historical tragedy. It is fated to evolve through

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Schrag, M. "Lessons Learned from ICTY Experience." Journal of International Criminal Justice 2, no. 2 (2004): 427–34. http://dx.doi.org/10.1093/jicj/2.2.427.

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