Chapter

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

Kimi L King and James D Meernik

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print May 2011 | ISBN: 9780199573417
Published online September 2011 | e-ISBN: 9780191728822 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199573417.003.0002
Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia: Balancing International and Local Interests While Doing Justice

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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

Chapter.  22010 words.  Illustrated.

Subjects: Public International Law

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