Abstract
Abstract Critics of international criminal tribunals (ICTs) charge that they undermine peace processes. Advocates of ICTs maintain that there can be no peace without justice. There is still much to learn about wartime ICTs’ impact on peace processes. This chapter addresses how the International Criminal Tribunal for the former Yugoslavia (ICTY) affected efforts to end the Bosnian War. Drawing on over 100 interviews with key stakeholders from the Bosnian peace process, and declassified data from the Clinton administration, the chapter finds that ICTY played a key role in facilitating peace efforts. Among other things, the ICTY’s indictments strengthened mediators’ hand in implementing crucial participation decisions. The ICTY also helped parties to overcome commitment problems. The analysis suggests that the ICTY’s cautious approach to indicting top leaders, coupled with the fact that mediators exercised discretion over the arrest and transfer of suspects, both capture why the ICTY facilitated, versus undermined peace efforts.
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