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The International Criminal Tribunal For The Former Yugoslavia: Transitional Justice, The Transfer Of Cases To National Courts, And Lessons For The ICC

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Chapter Summary

This chapter begins to evaluate the impact that the transfer of cases has had on the region and its judicial system. It discusses the background of the International Criminal Tribunal for the former Yugoslavia (ICTY) and its engagement with the region, thus giving an historical overview of the Tribunals approach to these issues, including its Outreach Programme and the Rules of the Road project. The chapter reviews the transfer of cases indicted at the ICTY to national courts, including an examination of the jurisprudence relating to these cases as well as some of the issues that arose in that context. Finally, the chapter examines what international courts and tribunals, particularly the International Criminal Court (ICC), might learn from these experiences, taking into account both the common features shared by these institutions and the consequences of their differing situations in this regard.

Keywords: ICTY; International Criminal Court (ICC); judicial system; national courts



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