Assessing the Legacy of the ICTY

Richard H. Steinberg is Professor of Law and Director of the Sanela Diana Jenkins Human Rights Law Project at UCLA School of Law.

• ACKNOWLEDGEMENTS; PREFACE BY SANELA DIANA JENKINS; ABBREVIATIONS; INTRODUCTION:Constructing the Legacy of the ICTY Richard H. Steinberg, Professor of Law, UCLA;National Ownership: The Key Concept of the Tribunal's Legacy Vision Judge Patrick Robinson, ICTY President; Visions of the LegacyEd Kronenburg, Secretary General, Ministry of Foreign Affairs, The Netherlands ;PART I: THE ICTY’S LEGACY STRATEGY AND LEGACY PROJECTS: VIEWS FROM THE TRIBUNAL AND OTHER INTERNATIONAL ORGANIZATIONS;Outstanding Questions Geoffrey Robertson Q.C ;Creating a Legacy that Supports Sustainable Rule of Law in the Region Judge Patrick Robinson, ICTY President; The Legacy of the ICTY: Fair Trials and Cooperation with Local Courts Dr. Serge Brammertz, ICTY Prosecutor;Optimizing the Effectiveness of the Knowledge Transfer: The Significance of Inter-Institutional Cooperation Between the ICTY, ODIHR and UNICRI Janez Lenarčič, Director of OSCE ODIHR;Peace Building and Security Through Information Fancesco Marelli, UNICRI Representative;The Legacy of the ICTY : Multiple Levels of Cooperation and Necessary UndertakingsJohn Hocking, ICTY Registrar;The ICTY’s Legacy Strategy and Legacy Projects Pierre Mirel, Director for Western Balkans, Directorate-General for Enlargement, European Commission;PART II: PLANS FOR THE LONG TERM: THE RESIDUAL MECHANISM(S), AND THE ICTY’S ARCHIVES AND INFORMATION CENTRES; Core Issues: Establishing Archives and the Residual Mechanism Navanethem Pillay, United Nations High Commissioner for Human Rights;The Role of the UN Security Council in Preserving the Tribunals’ Legacy: The Establishment of a Residual Mechanism and the Preservation of Archives Konrad Büehler, Legal Adviser, Permanent Mission of Austria to the UN & Austrian Chair of the Security Council’s informal Working Group on International Tribunals;A Home Away from Home Peter van der Vliet, Ministry of Foreign Affairs, The Netherlands ;How Best to to Preserve the Records of the ICTY Elizabeth Emmerson, Archivist, ICTY Registry ;What is the Role of the UN Archives in the Long-Term Legacy of the ICTY? Bridget Sisk, Chief of UN Archives and Records Management Section;Availability and Accessibility of ICTY Archives via Information Centres Catherine Marchi-Uhel, Head of Chambers, ICTY;Preserving ICTY’s Legacy Through Partnership, Oversight, and a Regional Institution Nataša Kandić, Humanitarian Law Center, Serbia;The Security Council’s Critical Role in Preserving the Tribunal’s Legacy in the Long TermLarry D. Johnson, Adjunct Professor, Columbia Law School;PART III: THE ICTY’S LEGACY FOR THE VICTIMS AND THE COMMUNITIES IN THE FORMER YUGOSLAVIA: VIEWS FROM CIVIL SOCIETY;Everything to Everyone: the Debate over the Final Location of the ICTY ArchivesGabrielle Kirk McDonald, former ICTY President;The Need for Large Scale Victim Reparations Summary of Remarks by Vesna Teršelič, Documenta, Croatia;History, Myths, and the Promotion of Truth: Transforming the ICTY Legacy into a Living Memorial Mirsad Tokača, Research and Documentation Center, Bosnia and Herzegovina;Victims’ Perspectives Edin Ramulić, Izvor Association, Prijedor, Bosnia and Herzegovina;The Relevance of the ICTY Legacy for the Victims and Communities in Bosnia and Herzegovina Prof. Smail Čekić, Director of the Institute for Research of Crimes against Humanity and International Law, Sarajevo University;Building the ICTY’s Legacy for Local Communities Mirko Klarin, SENSE News Agency;A Long Road Yet to Reconciliation: The ICTY’s Impact on Reconciliation and Victims’ Perceptions of Criminal Justice Refik Hodžić, ICTY Registry Liaison Officer in Bosnia and Herzegovina;The Tribunal’s Legacy in Finding Missing Persons Lina Milner, Chair of the Kosovo Working Group of Missing Persons;Historical Reflection and Peacebuilding for the Region Kelly Askin, Senior Legal Officer, Open Society Justice Initiative;The Archives as a Means of Confronting the Past Bogdan Ivanišević, Consultant, International Centre for Transitional Justice ICRC official;Turning Darkness into Light: The Quest for Justice by Srebrenica’s Mothers Munira Subašić, President, Mothers of Srebrenica ;PART IV: BUILDING THE CAPACITY OF NATIONAL LEGAL SYSTEMS IN THE REGION; The Legacy of the ICTY: National and International Efforts in Capacity Building Mark Ellis, Executive Director, International Bar Association;United Nations Capacity-Building: Basing Efforts on Nationally-Assessed Goals, Policies and Needs Shelley Inglis, Rule of Law Officer, Office of the Deputy Secretary-General;The European Union and its Role in Providing Support to the Regional Entities Vincent Degert, Head of EC Delegation to Serbia;U.S. Efforts to Build Capacity in the Former Yugoslavia Barbara Carlin, Resident Legal Advisor, US Embassy in Sarajevo;The ICTY’s Continuation Strategy: Partnership with Regional Judges and Attorneys Judge Fausto Pocar, Member, ICTY Chambers Coordination Body for Contacts with National Jurisdictions;International Facilitation of the Self-Determined Development of the Legal System of the Former Yugoslavia Judge Bakone Justice Moloto, Member, ICTY Chambers Coordination Body for Contacts with National Jurisdictions;Capacity Building: Its Evolution through Direct Interaction: A Prosecutor’s Perspective Norman Farrell, Deputy Prosecutor, ICTY;“Capacity Building”: The Institutional War Crimes Prosecution Legacy of the ICTY and the International Donor Community in Bosnia and Herzegovina David Schwendiman, former Deputy Chief Prosecutor and Head of Special Department for War Crimes, Prosecutor’s Office of Bosnia and Herzegovina ;Lessons for Teachers: Reflections on the Implementation of Capacity Building Programs in the former Yugoslavia Ivan Jovanović, War Crimes Legal Advisor, OSCE Mission to Serbia ;PART V: NATIONAL WAR CRIMES PROCEEDINGS: VIEWS OF JUDGES, PROSECUTORS, AND OTHERS IN THE REGION; The Transplant of Customary Law and ICTY Jurisprudence to the Courts in Bosnia and Herzegovina Meddžida Kreso, President, Court of Bosnia and Herzegovina;Long Term Accountability Milorad Barašin, Chief Prosecutor, Prosecutor’s Office of Bosnia and Herzegovina;The Independence of the Croatian Judiciary Branko Hrvatin, President of the Supreme Court of Croatia;Prosecution of War Crimes in Croatia Mladen Bajić, Chief State Attorney of Croatia ;Creating a Legacy of Coooperation Siniša Važić, Acting President of the Belgrade District Court ;On Regional Cooperation, Progress, and the International Legacy of the ICTY Vladimir Vukčević, Serbian War Crimes Prosecutor;PART VI: THE WAY FORWARD; The Impact of Discourse on the Tribunal’s Legacy Richard Dicker, Human Rights Watch;The Way Forward Judge Patrick Robinson, ICTY President;The Tribunal’s Comprehensive Legacy Strategy – Key Elements and Leading Actors John Hocking, ICTY Registrar;Rule of Law and the Ambition of a Regional Legacy: Overcoming Political ChallengesProf. Richard H. Steinberg, UCLA School of Law;ICTY’s Strategy and Legacy Projects Ernst Hirsch Ballin, Minister of Justice, Netherlands;Preserving the Legacy of the ICTY: A Blueprint for the Future Srđan Arnaut, Deputy Minister of Justice of Bosnia & Herzegovina;The Effect of the ICTY on the Region Summary of Remarks by Ivan Šimonović, Minister of Justice, Croatia;Creating a Legacy for Robust Defense Tomislav Višnjić , Minister of Justice, Croatia;CONCLUSIONS;Hope for the Future of Justice Ernst Hirsch Ballin;Constructing the Legacy: Convergence Among the Stakeholders Prof. Richard H. Steinberg, UCLA School of Law;The Values of Patience and Open Discourse Judge Patrick Robinson, ICTY President;APPENDIX 1 – CONTRIBUTORS; INDEX