TY - CHAP
T1 - When Justice is Done
T2 - The ICTY and the Post-trial Phase
AU - Wijk, Joris van
AU - Holá, Barbora
PY - 2020/6/11
Y1 - 2020/6/11
N2 - 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.
AB - 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.
UR - https://global.oup.com/academic/product/legacies-of-the-international-criminal-tribunal-for-the-former-yugoslavia-9780198862956
UR - https://www.mendeley.com/catalogue/98e140aa-79d5-3b58-8ff4-d29ac8582960/
U2 - 10.1093/oso/9780198862956.003.0023
DO - 10.1093/oso/9780198862956.003.0023
M3 - Chapter
SN - 9780198862956
T3 - Oxford Scholarship Online
SP - 424
EP - 442
BT - Legacies of the International Criminal Tribunal for the Former Yugoslavia
A2 - Stahn, Carsten
A2 - Agius, Carmel
A2 - Brammertz, Serge
A2 - Rohan, Colleen
PB - The Oxford University Press
ER -