CEU eTD Collection (2013); Bratic, Maja: The court of convenience: International Criminal Tribunal for the Former Yugoslavia

CEU Electronic Theses and Dissertations, 2013
Author Bratic, Maja
Title The court of convenience: International Criminal Tribunal for the Former Yugoslavia
Summary The International Criminal Tribunal for the Former Yugoslavia is allegedly established as an emergency measure to stop atrocities in the already ongoing ethnic conflict and bring those responsible for war crimes and crimes against humanity to justice. Established in 1993, The ICTY is the first international ad hoc criminal tribunal since the Nuremburg and Tokyo Trials. Located in The Hague, it set out to serve as an example that no one is above the law thus prosecuting high ranking officials and heads of states. Abolishing impunity, delivering justice, bringing peace and security to the war-torn region, and above all giving a voice to the victims are said to be the main objectives of the Tribunal.
Nevertheless, the last two decades of the Tribunal’s operation have seen more failures than successes. The ICTY has not scored very well with the majority of the population of the once warring nations nor has the court lived up to its expectations. Instead, it has served as a political instrument of the powerful nations who aim to exert them hegemonic powers on the weaker states and nations. The ICTY is serving its purpose, one of a façade behind which those who have established the Tribunal can exercise their further geopolitical aspirations with absolute judicial immunity. The Tribunal’s legitimacy and credibility are constantly placed under scrutiny due to its unorthodox judicial practices, extremely controversial judgments and lack of impartiality and judicial independence.
Supervisor Karoly Zoltan Jokay
Department Public Policy MA
Full texthttps://www.etd.ceu.edu/2013/bratic_maja.pdf

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