Abstract
A strange thing about the International Criminal Tribunal for the Former Yugoslavia (ICTY) is that for most of its life, it has thought about its death. The Tribunal, of course, kept getting a reprieve. But today it seems more likely than not that the ICTY will indeed close down sometime in 2017, after the conclusion of the two cases it currently has at trial. Yet even after its closure, the ICTY will continue in a sort of un-death, through the unfortunately named Mechanism for International Criminal Tribunals, which will complete retrial and appellate proceedings in the cases currently tried before the ICTY.
Highlights
As is only natural when faced with one’s impending demise—and especially having been faced with it for so long—the International Criminal Tribunal for the Former Yugoslavia (ICTY) has spent much time reflecting on its legacy, partly to justify its own existence and the resources invested in it
A strange thing about the International Criminal Tribunal for the Former Yugoslavia (ICTY) is that for most of its life, it has thought about its death
That the Tribunal has made significant contributions to developing international law is beyond doubt— even if for international lawyers, this is quite a self-serving achievement. Had it not been for the “judicial activism” of the late Antonio Cassese and the other judges of the Appeals Chamber in Tadic,[8] we could today perhaps still be talking about the orthodox position that individual criminal responsibility for war crimes does not exist in internal armed conflicts.[9]
Summary
The public opinion surveys that will be discussed were commissioned by the Belgrade Center for Human Rights (BCHR), and sponsored by the Organization for Security and Cooperation in Europe (OSCE).[18]. 23 Javno Mnenje u Srbiji i Stavovi Prema Meðunarodnom Krivicnom Tribunalu za Bivsu Jugoslaviju u Hagu ICTY 2006 – Detaljne Tabele, at http://www.bgcentar.org.rs/bgcentar/wp-content/uploads/2013/10/Javnomnenje-u-Srbiji-i-stavovi-prema-Me%C4%91unarodnom-krivi%C4%8Dnom-tribunalu-za-biv%C5%A1uJugoslaviju-u-Hagu-ICTY-2006-detaljne-tabele.pdf (available in Serbian only; hereinafter 2006 BCHR Serbia Survey). 30 Javno Mnenje u BiH i Stavovi Prema Meðunarodnom Krivicnom Tribunalu za Bivsu Jugoslaviju u Hagu ICTY 2012 – Detaljne Tabele, at http://www.bgcentar.org.rs/bgcentar/wp-content/uploads/2013/10/Javnomnenje-u-BiH-i-stavovi-prema-Me%C4%91unarodnom-krivi%C4%8Dnom-tribunalu-za-biv%C5%A1uJugoslaviju-u-Hagu-ICTY-2012-detaljne-tabele.pdf (available in Bosnian only; hereinafter 2012 BCHR Bosnia Survey). Both surveys were conducted using a random representative sample, but with an intentional overrepresentation of minorities
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