When Justice is Done: The ICTY and the Post-trial Phase

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Abstract

Until 2017 the International Criminal Tribunal for the former Yugoslavia (ICTY) has acquitted eighteen and convicted eighty-two individuals, of whom the vast majority have been given determinate sentences. It was the first tribunal to experiment with establishing sentencing agreements with States in order to enforce these sentences and to develop and adopt early release procedures. This chapter presents an overview of the post-trial dilemmas that the ICTY and enforcement States have faced. Special attention is given to the phase of designating an enforcement State, prison of international prisoners, factors that justify their (early) release, and what happens to the individuals after their release or following their acquittal. The data presented are based on an analysis of case law, academic literature, and interviews with stakeholders at the ICTY, enforcement States as well as in the former Yugoslavia. The findings are contrasted with post-conviction practices at other international tribunals, assessing ICTY’s legacy when it comes to post-conviction issues.
Original languageEnglish
Title of host publicationLegacies of the International Criminal Tribunal for the Former Yugoslavia
Subtitle of host publicationA Multidisciplinary Approach
EditorsCarsten Stahn, Carmel Agius, Serge Brammertz, Colleen Rohan
PublisherThe Oxford University Press
Pages424-442
Number of pages19
ISBN (Electronic)9780192607942, 9780192607935, 9780191895531
ISBN (Print)9780198862956
DOIs
Publication statusPublished - 11 Jun 2020

Publication series

NameOxford Scholarship Online

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