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The Legacy of the International Criminal Tribunal for the Former Yugoslavia$
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Bert Swart, Alexander Zahar, and Göran Sluiter

Print publication date: 2011

Print ISBN-13: 9780199573417

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199573417.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 December 2019

Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia: Balancing International and Local Interests While Doing Justice

Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia: Balancing International and Local Interests While Doing Justice

Chapter:
(p.7) 1 Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia: Balancing International and Local Interests While Doing Justice
Source:
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Kimi L King

James D Meernik

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573417.003.0002

This chapter conceptualizes the ICTY as a judicial institution whose justice affects international and local (former Yugoslavia) sets of stakeholders. If an evaluation is to be conducted on the impact of the ICTY, the competing tensions and difficulties the Tribunal faces in advancing its mission given the diverse interests of these constituencies must be understood. The chapter argues that because of institutional, political, and practical necessities inherent in its very nature and limits of its powers, the ICTY is not able to respond primarily to affect the interests of its constituents in the former Yugoslavia. Rather, the UN mandate, its statute, and Rules of Procedure and Evidence were instead designed according to the extant status and limitations of international law rather than the demands of local communities. It also argues and finds, through an analysis of issues pertaining to sentencing, that when there are conflicts of interest between the international and the local, the former more often tends to see its interests upheld by the ICTY.

Keywords:   international stakeholders, domestic stakeholders, sentencing, punishment, conflict of interest, impact, mission

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