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The legacy of the International Criminal Tribunal for the former Yugoslavia

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  • Škrbić, Ajla

Abstract

This article reviews the operation of the International Criminal Tribunal for the former Yugoslavia. The ICTY was set up in 1993 and was due to have wound up all its operations by 2010; nevertheless, as is clear, it continues to function. The author cites the powers of the Tribunal and the rules under which it operates, including the meaning of ‘crimes against humanity’. The legacy of the Tribunal has both positive and negative aspects: in the former case, impartiality and the clarification of concepts important in international law; in the latter, the lack of convictions for genocide and the criticisms in individual cases that have been levelled at the ICTY President. It is the view of the author that the former outweigh the latter and that the existence of the Tribunal is necessary. Ultimately, however, the Tribunal does not exist to bring complete justice for victims or to deal with the past, and this means that it has taken away the ability to forget the past; for all its successes as regards jurisprudence and impact, it is the inability to reach out to victims that is its fundamental weakness.

Suggested Citation

  • Škrbić, Ajla, 2015. "The legacy of the International Criminal Tribunal for the former Yugoslavia," SEER Journal for Labour and Social Affairs in Eastern Europe, Nomos Verlagsgesellschaft mbH & Co. KG, vol. 18(2), pages 97-106.
    • Handle: RePEc:nms:joseer:10.5771/1435-2869-2015-2-97
    DOI: 10.5771/1435-2869-2015-2-97
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