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The International Criminal Tribunal for the Former Yugoslavia: The Establishment and Evaluation of a Unique Concept in International Justice Administration

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Author(s): Gary Feinberg

Journal: War Crimes, Genocide and Crimes Against Humanity
ISSN 1551-322X

Volume: 2;
Issue: 1;
Start page: 87;
Date: 2006;
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Keywords: War Crimes | International Law | Tribunal | Yugoslavia | ICTY

ABSTRACT
This article traces the emergence and legitimization of the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a unique development in the internationalization of justice. It examines the organizational structure of the Tribunal, its multidimensional mandate, the general and often innovative legal procedures used to bring a case to judgment, the visionary international partnerships for implementing sentences, and the roles of those responsible for the Tribunal’s successes – and its problems. Special attention is given to the creative ways in which this new Tribunal reflects a desire to construct a more internationally oriented definition and administration of criminal justice, incorporating as it does elements from common law and civil law as well as other legal traditions. Numerous criticisms of the Tribunal are examined and assessed. The article concludes with observations exploring how the Tribunal’s legal reach has migrated worldwide and why its continued support is justified.
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