19 Wash. U. Global Stud. L. Rev. 381 (2020)
Mandate Interrupted: The Problematic Legacy of the United Nations International Criminal Tribunal for the Former Yugoslavia

handle is hein.journals/wasglo19 and id is 399 raw text is: 












MANDATE INTERRUPTED: THE PROBLEMATIC
         LEGACY OF THE UNITED NATIONS
  INTERNATIONAL CRIMINAL TRIBUNAL FOR
              THE FORMER YUGOSLAVIA
                   DAVID   PETTIGREW, PH.D.*

                             ABSTRACT

   The mandate  of the International Criminal Tribunal for the former
Yugoslavia (ICTY), which was founded in 1993, was  to bring to justice
those responsible for serious violations of international humanitarian law
committed in the former Yugoslavia since 1991 and thus contribute to the
restoration and maintenance of peace in the region. However, this essay
will argue that the proceedings and Judgements of the ICTY  have  not
contributed to the restoration of peace in the region, and in certain
respects, have rather bred disappointment and cynicism. This analysis
does not deny  the virtues of certain aspects of the operations of the
Tribunal nor  does it refute the Tribunal's claim that it irreversibly
changed  the landscape  of international humanitarian  law, provided
victims an  opportunity  to voice  the  horrors  they witnessed  and
experienced, and proved  that those suspected of bearing the greatest
responsibility for atrocities committed during armed conflicts can be
called to account.' The Tribunal's Indictments and Judgements  have
indeed provided  extensive documentation  of the atrocities that were
committed. Through the testimony of the survivors, the proceedings gave a
profoundly important voice to those who the perpetrators attempted to
erase from the world and memory. However,  in spite of those procedural



   *   David Pettigrew is a Professor of Philosophy at Southern Connecticut State University.
   1   United Nations International Criminal Tribunal for the former Yugoslavia, Mandate and
Crimes under ICTY Jurisdiction, http://www.icty.org/en/about/tribunal/mandate-and-crimes-under-
icty-jurisdiction.
   2   International Criminal Tribunalfor theformer Yugoslavia 1993-2017, https://www.icty.org/


381

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?