The Impact of the ICTY on the Former Yugoslavia: An Anticipatory Postmortem

Milanović, Marko

doi:10.5305/amerjintelaw.110.2.0233

Cited by 35 publications

(8 citation statements)

References 8 publications

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“…Whilst much remains to be done in the field of accountability for CRSV, the debates have shifted from whether to prosecute CRSV to 'how' best to achieve justice for its victims. 86 The courts and tribunals which came into being after the ICTY (e.g. as we demonstrated in this article, the ICTY's jurisprudence also produced certain silences, especially with regard to the manner in which CRSV is interpreted and portrayed in the judgments.…”

Section: Discussionmentioning

confidence: 78%

Towards an Intersectional Understanding of Conflict-Related Sexual Violence: Gender, Sexuality, and Ethnicity at the ICTY

Isaac

Jurasz

2018

Int. Crim. Law Rev.

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In the past 25 years, the International Criminal Tribunal for the former Yugoslavia (ICTY) has contributed significantly to a more sophisticated understanding of conflict-related sexual violence (CRSV) in international criminal law. The ICTY’s jurisprudence has broken new ground in relation to the prosecution of CRSV, but also has brought to light the multifaceted challenges associated with the prosecution of such crimes at an international level. Whilst cases heard by the ICTY have addressed both CRSV committed against women and men, there exist significant differences in the ways in which the ICTY has approached the experiences of male victims of sexual violence during the Yugoslav Wars. We therefore analyse the extent to and ways in which the ICTY has fostered the understanding of CRSV as gender-based violence that is embedded into the socio-cultural dynamics of the community within which the violence occurs.

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Section: Discussionmentioning

confidence: 78%

Towards an Intersectional Understanding of Conflict-Related Sexual Violence: Gender, Sexuality, and Ethnicity at the ICTY

Isaac

Jurasz

2018

Int. Crim. Law Rev.

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Section: Existing Literature On Perceptions Of International Courtsmentioning

confidence: 99%

“…Group members will treat convictions of their co-ethnics with scorn, while celebrating convictions of ethnic rivals. Research in the former Yugoslavia has repeatedly demonstrated that individuals interpreted court operations through the prism of ethnic rivalries (Arzt 2006;Clark 2009;Ford 2012;Klarin 2009;Meernik 2015b;Milanovic 2016;Steflja 2018). A third lesson from the study of international criminal tribunals is that there is an inverse relationship between trust in domestic government and trust in international bodies in conflict-ridden societies facing judicial interventions.…”

Section: Existing Literature On Perceptions Of International Courtsmentioning

confidence: 99%

What Determines Perceptions of Bias toward the International Criminal Court? Evidence from Kenya

Dancy

Dutton

Alleblas

et al. 2019

Journal of Conflict Resolution

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The International Criminal Court (ICC) has struggled with the perception that it is biased against Africans, especially in relation to its investigation in Kenya. But which Kenyans are most likely to believe the ICC is biased? Building on pluralistic models of public opinion and psychological studies, we aim to contribute to emerging research on attitudes toward international courts. We expect that group attachments will drive attitudes toward international institutions. Yet, we also theorize that exposure to violence makes individuals more likely to support international justice and reject narratives that would have the effect of insulating those who have committed crimes from being held accountable. Using new survey data from 507 Kenyans in the fall of 2015, we find support for our hypotheses.

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“…It is in this connection that Marko Milanović's important article looms large. 15 If one aim of the tribunals is to create a bulwark against denialism, the data he reports and analyzes seem to show utter failure, with staggering levels of denialism in former Yugoslavia, coupled with high levels of mistrust of the ICTY.…”

Section: Resisting Denialism?mentioning

confidence: 99%

Demystifying Political Violence: Some Bequests of ICTY and ICTR

Luban

2016

AJIL Unbound

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As Sara Kendall and Sarah M. H. Nouwen rightly notice, “legacy” is a big word, and it may be too soon even to begin to evaluate the legacies of the international criminal tribunals. Legacies are whatever future generations take from the tribunals. That, obviously, is in their hands, not the hands of the tribunals. So the question of legacies is more properly a question of bequests, and the inquiry must be a modest one: how do we evaluate the successes and failures of the tribunals in the here and now rather than the further future? Failures matter as well as successes, and as in science, failures can be as instructive and useful as successes. For example, many observers concluded that the tribunals, operating in The Hague and Arusha without an initial ground game in former Yugoslavia or Rwanda, were too far removed from the peoples who experienced the crimes; that perception helped motivate the movement toward hybrid tribunals. If that is right, the hybrid model counts amongthe “legacies” oftheInternational Criminal Tribunal for the Former Yugoslavia (ICTY)and the International Criminal Tribunal for Rwanda (ICTR), if only in the negative way that they exposed a problem the hybrids tried to remedy. As another example, Kendall and Nouwen remarkthat the impunity of the RPF has also become part of ICTR’s legacy. That too would be an instructive failure—instructive, in this case, as a foretaste of how difficult it is to prosecute cases against an intransigent government in power, a lesson that the International Criminal Court’s (ICC)troubles in Sudan and Kenya confirm.

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The Impact of the ICTY on the Former Yugoslavia: An Anticipatory Postmortem

Cited by 35 publications

References 8 publications

Towards an Intersectional Understanding of Conflict-Related Sexual Violence: Gender, Sexuality, and Ethnicity at the ICTY

Towards an Intersectional Understanding of Conflict-Related Sexual Violence: Gender, Sexuality, and Ethnicity at the ICTY

What Determines Perceptions of Bias toward the International Criminal Court? Evidence from Kenya

Demystifying Political Violence: Some Bequests of ICTY and ICTR

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