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Author: Besmir Fidahić
Publisher: Cambridge Scholars Publishing
ISBN: 1527562697
Category : Language Arts & Disciplines
Languages : en
Pages : 389
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Book Description
The first of its kind, this book treats language justice in the realm of the international criminal law, focusing specifically on the International Criminal Tribunal for the Former Yugoslavia (ICTY). Defining linguistic justice to mean whether the parties to the proceedings have been addressed by the ICTY in their own language, this study explores the conditions for the delivery of linguistic justice in a context where language plays a key role in the conflict. After presenting a very brief history of language quarrels in the former Yugoslavia and pointing to a series of examples where the language, and underlying ethnic and national identities, have been used as a tool for a conflict, the book reviews ICTY language laws, language-related case law, and procedural linguistic equality of arms between the ICTY Prosecution and Defense to set the stage for language-related work that had to be carried out by the ICTY’s language services providers. After reviewing the history, the recruitment, professional criteria and standards, and training of all ICTY language professionals, this book explores whether linguistic justice has been served by showing overall outputs in translation and interpretation, overall ethnicity- and nationality-based language service delivery, and translation of the permanent court record. It shows that there is much more to provision of language services at international criminal tribunals adjudicating on ethnically motivated war crimes than traditionally thought, and questions whether any of it make any sense as things stand.
Author: Besmir Fidahić
Publisher: Cambridge Scholars Publishing
ISBN: 1527562697
Category : Language Arts & Disciplines
Languages : en
Pages : 389
Get Book Here
Book Description
The first of its kind, this book treats language justice in the realm of the international criminal law, focusing specifically on the International Criminal Tribunal for the Former Yugoslavia (ICTY). Defining linguistic justice to mean whether the parties to the proceedings have been addressed by the ICTY in their own language, this study explores the conditions for the delivery of linguistic justice in a context where language plays a key role in the conflict. After presenting a very brief history of language quarrels in the former Yugoslavia and pointing to a series of examples where the language, and underlying ethnic and national identities, have been used as a tool for a conflict, the book reviews ICTY language laws, language-related case law, and procedural linguistic equality of arms between the ICTY Prosecution and Defense to set the stage for language-related work that had to be carried out by the ICTY’s language services providers. After reviewing the history, the recruitment, professional criteria and standards, and training of all ICTY language professionals, this book explores whether linguistic justice has been served by showing overall outputs in translation and interpretation, overall ethnicity- and nationality-based language service delivery, and translation of the permanent court record. It shows that there is much more to provision of language services at international criminal tribunals adjudicating on ethnically motivated war crimes than traditionally thought, and questions whether any of it make any sense as things stand.
Author: Sanja Kutnjak Ivkovich
Publisher:
ISBN: 0195340329
Category : History
Languages : en
Pages : 200
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Book Description
This volume adds to prior literature about the ICTY by providing a comprehensive view of how people from Bosnia and Herzegovina, Croatia, Kosovo, and Serbia view and evaluate the ICTY.
Author: Carsten Stahn
Publisher:
ISBN: 0198862954
Category : Law
Languages : en
Pages : 673
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Book Description
This edited volume provides a multidisciplinary perspective on the contribution of the International Criminal Tribunal for the former Yugoslavia (ICTY) to law, memory, and justice. It explores some of the accomplishments, challenges and critiques of the ICTY, as well as some of its less visible legacies.
Author: Pierre Hazan
Publisher: Texas A&M University Press
ISBN: 1603446397
Category : History
Languages : en
Pages : 276
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Book Description
"Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Milosevic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace."--Jacket
Author: Rachel Kerr
Publisher: OUP Oxford
ISBN: 0191532371
Category : Political Science
Languages : en
Pages : 248
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Book Description
On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool. This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.
Author: Diane Orentlicher
Publisher: Oxford University Press
ISBN: 019088228X
Category : Law
Languages : en
Pages : 497
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Book Description
An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunal's impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims' experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.
Author: Richard H. Steinberg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186247
Category : Law
Languages : en
Pages : 345
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Book Description
This collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice.
Author: Victor Peskin
Publisher: Cambridge University Press
ISBN: 1139468170
Category : Political Science
Languages : en
Pages : 290
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Book Description
Today's international war crimes tribunals lack police powers, and therefore must prod and persuade defiant states to co-operate in the arrest and prosecution of their own political and military leaders. Victor Peskin's comparative study traces the development of the capacity to build the political authority necessary to exact compliance from states implicated in war crimes and genocide in the cases of the International War Crimes Tribunals for the former Yugoslavia and Rwanda. Drawing on 300 in-depth interviews with tribunal officials, Balkan and Rwandan politicians, and Western diplomats, Peskin uncovers the politicized, protracted, and largely behind-the-scenes tribunal-state struggle over co-operation.
Author: Paul R. Williams
Publisher: Rowman & Littlefield
ISBN: 9780742518568
Category : Law
Languages : en
Pages : 354
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Book Description
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
Author: Tim Allen
Publisher: Zed Books Ltd.
ISBN: 1848137931
Category : Law
Languages : en
Pages : 212
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Book Description
The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
