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

Abstract 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.</jats:p

To Prosecute or Not to Prosecute: Civil War Mediation and International Criminal Justice

The International Criminal Court (icc) came into force in July 2002 with the potential to drastically alter both the war fighting and peacemaking behavior of states. Theiccis designed to try and subsequently punish those found guilty of war crimes, crimes against humanity, and genocide. Supporters of theicchave argued that its establishment will erode the norm of impunity that state and military leaders have historically enjoyed. Yet, another logic suggests that the initiation of aniccinvestigation or the issuance of an arrest warrant for individuals embroiled in an ongoing dispute may make matters worse. Such individuals may see little reason to stop fighting and reach a settlement if conflict resolution results in their detention in The Hague. Indeed, suspected war criminals and their patrons may wish to escalate their violence in order to avoid showing any sign of weakness or possibility of capitulation lest their enemies press the fight or their rivals seek to undermine their authority. In this article, we explore the potential impact of theiccon the likelihood of peace by examining the impact of actions by theicc– the initiation of investigations into conflict situations and the issuance of arrest warrants for those suspected of committing violations of international law – on the likelihood of mediation. Our findings suggest that whileiccarrest warrants can encourage mediation, the initiation of investigations by theicccan actually undermine the occurrence of mediation.</jats:p

Replication data for: International Criminal Defense: The Influence of Attorney Background on Judicial Decision Making at the International Criminal Tribunal for Rwanda

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The realities of international criminal justice.

In The Realities of the International Criminal Justice System , Rothe, Meernik, and Ingadóttir bring together expert scholars from the disciplines of law, criminology, sociology and political science to critically analyse the current state of and impact of the international criminal justice system. Through a systematic evaluation of the existing courts and their effects in the real world on states, victims, and offenders, and their impact on the development of the law related to their jurisdictions, both on the international and national level, the authors hope that lessons can be drawn for a more promising future delivery of criminal justice by international and domestic judicial bodies

Replication data for: International Criminal Defense: The Influence of Attorney Background on Judicial Decision Making at the International Criminal Tribunal for Rwanda

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