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International Criminal Tribunals as Actors of Domestic Change

The Impact on Institutional Reform vol 1

by Klaus Bachmann (Volume editor)
Edited Collection 177 Pages

Summary

International Criminal Tribunals do not only do justice and judge the perpetrators of the most heinous crimes. Their decisions often affect whole societies, governments, legislation in distant countries and trigger processes od adaptation in the administration of countries, which are under the jurisdiction of such a tribunal. This book present the first part of the results of a five-year international research project, based on field research in ten European and African countries. It shows how and when International Criminal Tribunals can trigger institutional reforms even in non-democratic countries, and when and how some governments resisted the tribunals' influence. The editors and authors make an important contribution to the debates in International Relations, International Law and Political Science by showing the possibilities and limits of International Criminal Justice.
Volume 1 presents the evidence from field studies in Rwanda, Kenya, Sudan, South Sudan, Libya, Kosovo, Bosnia-Herzegovina, Serbia, Croatia and Montenegro.

Table Of Contents

  • Cover
  • Title Page
  • Copyright Page
  • About the editors
  • About the book
  • Citability of the eBook
  • Contents
  • List of abbreviations
  • Introduction
  • 1. The ICC as a Case of “Third Party Enforcement”
  • 2. The ICC as an Actor of Domestic Change
  • 3. Ad Hoc ICTs as Actors of Domestic Change
  • 4. Domestic Change
  • 5. Measuring the Impact of ICTs on Domestic Change
  • 6. Case Selection Criteria
  • 7. Acknowledgements
  • 8. Terminology and Political Disclaimer
  • I) Domestic Change and at Least Partial Compliance With ICT Decisions
  • Institutional Reform in Rwanda
  • 1. An Overview of the Rwandan Conflict
  • 2. The Relations Between the International Criminal Tribunal for Rwanda and Rwanda
  • 3. Changes in Rwandan Legislation Triggered by the ICTR
  • 3.1. Amendment of the Penal Procedure Code
  • 3.2. Changes in State Agencies
  • 3.3. Changes in Budget Allocations
  • 4. The Efficiency of Reform
  • 5. Other Possible Causes of the Reform
  • Collateral Impact: The ICTY’s Influence on Institutional Reform in Serbia
  • 1. Early Relations Between the ICTY and Serbia
  • 2. Change in Legislation Related to the ICTY
  • 2.1. The Law on Cooperation with the Tribunal
  • 2.2. The Role of EU Conditionality
  • 2.3. New Legislation Relevant for War Crimes Prosecution
  • 3. Change in Institutions Related to the ICTY
  • 3.1. The Truth and Reconciliation Commission
  • 3.2. Institutions in Charge of Cooperation with the ICTY
  • 3.3. Specialised Institutions for War Crimes Prosecution
  • 3.4. Procedural Novelties
  • 3.5. Problems in the Conduct of the Trials
  • 4. The Impact of the Scorpions Video
  • 5. Domestic Change in Serbia
  • The ICTY and Institutional Reform in Croatia
  • 1. The Croatian War of Independence and War Crimes (1991–1995)
  • 2. The ICTY and Croatia: A Troubled Relationship
  • 3. The Tuđman Era (1996–1999)
  • 4. The Post-Tuđman Era and EU conditionality (2000–2013)
  • 5. Institutional Changes and Domestic Trials
  • 6. Domestic Change in Croatia
  • The ICTY’s Impact on Institutional Changes in Bosnia and Herzegovina
  • 1. The Conflict in BiH
  • 2. The ICTY and BiH
  • 2.1. Bosnian Responses
  • 3. Institutional Changes
  • 3.1. The War Crimes Chamber at the Court of BiH and the Special Department for War Crimes of the Prosecutor’s Office
  • 3.2. Legislative Change – The New Criminal Procedure Code of BiH
  • 3.3. The Reform of the Criminal Code of BiH
  • 3.4. Witness Support
  • 3.5. Beyond the Judiciary
  • 4. Institutional Change on the Entity Level
  • 4.1. Capacity Building and Knowledge Transfer
  • Conclusions
  • The Legacy of the Judgments about the Genocide in Srebrenica
  • 1. Locating Srebrenica
  • 2. Reclaiming Srebrenica
  • 3. The ICJ as an actor of Institutional Change in Srebrenica

Biographical notes

Klaus Bachmann (Volume editor)

Klaus Bachmann is professor of social sciences at the SWPS University of Social Sciences and Humanities in Warsaw, Poland, specialising in Transitional Justice. He is the author of "Genocidal Empires. German Colonialism in Africa and the Third Reich", Frankfurt/M.: Peter Lang 2018.  Gerhard Kemp is professor of law at Stellenbosch University, and advocate of the High Court of South Africa. He specialises in international criminal law and is the author of "Individual Criminal Liability for the International Crime of Aggression", Cambridge: Intersentia 2ed 2016. Irena Ristić is a researcher at the Institute of Social Sciences in Belgrade, focusing on the history of Serbia in the 19th and 20th century. Her book on the position of Serbian political elites towards the West and Russia prior to World War I is forthcoming.

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