The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Bert Swart studied law at both the University of Nijmegen, the Netherlands, between 1959 and 1964, and the University of Poitiers, France, between 1964 and 1965. He was Professor of Criminal Law and Criminal Procedure at the University of Utrecht between 1980 and 1996. He has been a Professor of International Criminal Law (Van Hamel Chair) at the University of Amsterdam since 1996. Since 1994, has been a member of the Royal Netherlands Academy of Arts and Sciences, as well as, since 1999, a member of the Conseil de Direction of the Association Internationale de Droit Penal. He is a member of the board of editors of the Journal of International Criminal Justice. In December 2003, Professor Swart became an ad litem judge at the ICTY. Prior to that, and since 1996, he was a judge in the Criminal Division of the Amsterdam Court of Appeal. He was also a member of the Committee on Extradition and Human Rights of the International Law Association between 1992 and 1997. Alexander Zahar was a Legal Officer in the Chambers of the International Criminal Tribunal for Rwanda (2000-2002) and the International Criminal Tribunal for the former Yugoslavia (2003-2007). While at the ICTY, he authored, with Goran Sluiter, the textbook International Criminal Law: A CriticalIntroduction (Oxford University Press, 2008). He has published several scholarly articles on international criminal law. Dr Zahar is now a lecturer in law at Griffith Law School, in Queensland, Australia, where he teaches criminal law, international law, and climate law. Goran Sluiter is Professor of International Criminal Law, in particular the Law of International Criminal Procedure at the University of Amsterdam and a judge at the Utrecht and The Hague District Courts. In the latter capacity, Sluiter sat on the Van Anraat case, the first genocide case in the Netherlands. Previously, he worked as a Senior Lecturer in Criminal Law at the University of Amsterdam and a Lecturer in International Law at Utrecht University.

1. Introduction; I. A DISTANT COURT; 2. Assessing the Impact of the ICTY: Balancing International and Local Interests While Doing Justice; 3. The Impact Question: The ICTY and the Restoration and Maintenance of Peace; II. PROCESS AND RIGHTS: THREE VIEWS; 4. The ICTY as a Laboratory of International Criminal Procedure; 5. Procedural Structure and Features of International Criminal Justice: Lessons From the ICTY; 6. Rights in Criminal Proceedings Under the ECHR and the ICTY Statute-A Precarious Comparison; III. BATTLEFIELDS; 7. Unity and Division in Decision Making-The Law and Practice on Individual Opinions at the ICTY; 8. The Crime of Persecution in the ICTY Case Law; 9. Complicity in Genocide and the Duality of Responsibility; 10. Justifications and Excuses in International Criminal Law: An Assessment of the Case Law of the ICTY; 11. Regulation of Defense Counsel: An Evolution Toward Restriction and Legitimacy; 12. Proportional Sentences at the ICTY; IV. IMPROVISATION AND RESILIENCE; 13. The ICTY's Continuing Struggle With the Right to Self-Representation; 14. Command Responsibility at the ICTY: Three Generations of Case Law and Still Ambiguity; 15. "Special Agreements" Between Conflicting Parties in the Case Law of the ICTY; 16. The ICTY and its Relationship with National Jurisdictions: Powers, Limits, and Misconceptions; 17. Civilizing Civil War: Writing Morality as Law at the ICTY; V. LEGACY IN BRICKS AND MORTAR; 18. 'Best Before Date Shown': Residual Mechanisms at the ICTY