Legacies of the International Criminal Tribunal for the Former Yugoslavia

Carsten Stahn is Professor of International Criminal Law and Global Justice at the Leiden Law School and at Queen's University Belfast.Carmel Agius is President of the International Residual Mechanism for Criminal Tribunals and served as the final President of the ICTY.Serge Brammertz is Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals and served as the final Prosecutor of the ICTY.Colleen Rohan is an international lawyer at Bedford Row and former president of the Association of Defence Counsel for the ICTY.

• Preface, UNSG António GuterresIntroduction: Legacy as Dialogue DL Reflecting on the ICTY Experience, Carsten StahnPART I OPENING REFLECTIONS1 The Last Testament of the ICTY, Carmel Agius2 Making Complementarity a Reality: The Experiences of the ICTY and IRMCT Office of the Prosecutor, Serge Brammertz3 The ICTY and the Defence Legacy: The Association of Counsel Practising Before the ICTY, Colleen Rohan4 The Moral Legacy of the ICTY, Miguel de Serpa SoaresPART II LEGACY LENSES, THEORIZATIONS, AND NARRATIVES5 The ICTY is Dead! Long Live the ICTY!: ICTY Legacies in Perspective, Carsten Stahn6 Legacies in the Making at the ICTY, Viviane E. Dittrich7 The Narrative Legacies of Exceptional Crime: The Prosecutor as a Peacebuilder, Simone Gigliotti and Amber Pierce8 Meandering Jurisprudence and Unanticipated Legacies: The ICTY's Reach into Domestic Civil Litigation, Mark DrumblPART III EXPRESSIVE PRACTICES, JUDICIAL RECORD, HISTORY, AND TRUTH9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia, Marina Aksenova10 A Partial View of History: ICTY Judgments as 'Judicial Truths', Luigi Prosperi and Aldo Zammit Borda11 Handle with Care: ICTY, Juridical By-products, and Criminological Analyses, Andy Aydin-AitchisonPART IV EVIDENCE, WITNESS TESTIMONY, AND WITNESS EXPERIENCES12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY, Kweku Vanderpuye and Christopher Mitchell 13 Whither Thou Truth and Justice: Witness Perceptions About their Contributions to the ICTY, Kimi Lynn King and James MeernikPART V CRIMINAL PROCEDURE, COURT MANAGEMENT, AND OUTREACH14 Defence Investigative Ethics: Practical Lessons from the ICTY's Legacy for Counsel Practising in the Region, Michael G. Karnavas15 Judgments and Judgment Drafting, Thomas Wayde Pittman and Marko Divac Öberg16 Muzzling the Press: When Does the Law Justify Reporting Restrictions? Contempt Cases Against Journalists at the ICTY and Beyond, Audrey Fino and Sandra Sahyouni17 Translating and Interpreting at the ICTY: Lessons Learned, Ellen Elias-Bursa'c18 Was it Worth it? A Look into the Results of the ICTY's Outreach Programme, Petar Finci19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia, Adrian PlevinPART VI PUNISHMENT, SENTENCING, AND BEYOND20 Punishing for Humanity: The Sentencing Legacy of the ICTY, Margaret M. deGuzman21Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina, Barbora Holá22 When Justice is Done: The ICTY and the Post-trial Phase, Joris van Wijk and Barbora HoláPART VII IMPACT ON DOMESTIC LEGAL SYSTEMS23 Narratives of Justice and War in Croatia, Ivor Sokoli'c24 The Legacy of the ICTY: The Three-tiered Approach to Justice in Bosnia-Herzegovina and Benchmarks for Measuring Success, Jennifer Trahan and Iva Vuku%si'c25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law, Tatjana Dawson and Ljiljana Hellman26 'We Learnt that from The Hague': How the ICTY Influenced the Fairness of Criminal Trials in the Former Yugoslavia, Kei Hannah BrodersenPART VIII SOCIETAL IMPACT, RECEPTION, AND GAPS27 The Peace versus Justice Debate Revisited: The ICTY's Impact on the Bosnian Peace Process, Jacqueline R. McAllister28 Croatia's Homeland War, the Battles Over Victor's Justice, and the Legacy of the ICTY, Victor Peskin29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina, Jovana Mihajlovi'c Trbovc30 The Broken Path to Reconciliation in Bosnia and Herzegovina: A Field Study of Memories, Rosa Aloisi31 The ICTY, Truth, and Reconciliation: A Meta Reconceptualization, Janine Natalya Clark

Perhaps the volume's most important added value is the introspective element of its analysis. It offers important explanations of why certain choices were made at tribunal level, and traces the trajectory of the court's work, depicting two of its most telling characteristics.