Independence and Autonomy of "Ad Hoc International</I> Criminal Tribunals
Part III Politicizing Tribunals? Reconciliation in Sentencing and Judging at the ICTR and the ICT
In the first part of this book, we examined how much initiative and agenda setting power the ICTY enjoyed in its relationship with the European Union, Serbia, and Croatia. The second part concentrated on the independence and autonomy of judges vis-à-vis external actors, such as governments, non-governmental organisations, international media, and other stakeholders with an interest in a specific result of a trial. In the following part, we scrutinize whether, and eventually how, the judges at the ICTY and the ICTR have attempted to carry out the UNSC and General Assembly’s task to foster reconciliation in the respective region by including this non-legal and therefore political rather than juridical concept into their judgments. How have the judges, trial chambers, and appeals chambers tried to translate this specific, and – for municipal courts – quite unusual task into their concrete decisions? What were their understandings of the reconciliation concept? Were references to “reconciliation” more likely to increase a sentence or to diminish it? What situations, what kind of dilemmas inclined judges to apply the concept? What were the consequences for the conduct of the trial, the judgment, and the sentence? In order to answer these questions, we first review scientific literature on reconciliation and propose an analytical toolkit to disentangle the meanings with which the concept has been operationalized in the context of transitional justice. Subsequently, we present the results of our scrutiny of the ICTY’s and ICTR’s judgments and sentences, respectively, in order to establish the ways in which the tribunals...
You are not authenticated to view the full text of this chapter or article.
This site requires a subscription or purchase to access the full text of books or journals.
Do you have any questions? Contact us.Or login to access all content.