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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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The Impact Question: The ICTY and the Restoration and Maintenance of Peace

The Impact Question: The ICTY and the Restoration and Maintenance of Peace

Chapter:
(p.55) 2 The Impact Question: The ICTY and the Restoration and Maintenance of Peace
Source:
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Janine Natalya Clark

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573417.003.0003

This chapter seeks to address an important ‘impact gap’ within the transitional justice literature, by using empirical data to explore and evaluate the ICTY's influence on the restoration and maintenance of peace in Bosnia-Herzegovina. In order to assess the Tribunal's social impact, it uses three key criteria — namely perceptions of the Tribunal, acknowledgement/denial, and inter-ethnic relations on the ground. Measured against each of these factors, the chapter finds little evidence that the ICTY has contributed to the restoration and maintenance of peace — and more specifically to reconciliation — in Bosnia-Herzegovina. Rather than necessarily interpreting this as a failure of the ICTY, however, it questions whether it is in fact realistic to expect a geographically remote judicial body to aid such a personal process as reconciliation.

Keywords:   ICTY, impact, empirical, Bosnia-Herzegovina, reconciliation, perceptions, acknowledgement, denial, inter-ethnic relations

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