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Title of Journal: Hum Rights Rev

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Abbravation: Human Rights Review

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Springer Netherlands

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10.1007/978-3-642-16901-4_38

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1874-6306

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From Adjudication to Aftermath Assessing the ICTY

Authors: Patrice C McMahon Jennifer L Miller
Publish Date: 2012/08/15
Volume: 13, Issue: 4, Pages: 421-442
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Abstract

After more than a dozen years of activity some 161 indictments 64 arrests and 47 surrenders the International Criminal Tribunal for the former Yugoslavia ICTY has accomplished a good deal in terms of its primary task of prosecution Nonetheless there is still much debate over the state of transitional justice in the Balkans and what has been accomplished We cannot forget that the ICTY was created with broad political and social purposes in mind specifically to contribute to the restoration and maintenance of peace Using a comparative framework we develop benchmarks of transitional justice outcomes to examine these vague but important and ambitious goals Although conventional wisdom says that the ICTY is used instrumentally by Balkan leaders who are fundamentally opposed to the court’s existence we demonstrate that there is also evidence of broader political and social change throughout the region Thus we contend that Balkan countries have indeed moved beyond mere prosecutionA much earlier draft of this paper was presented at the 2009 Midwest Political Science Association Annual Meeting The authors wish to thank David Forsythe Faten Ghosn Jill Irvine Nikolay Marinov Jelena Subotic and the editor and three anonymous reviewers at HRR for helpful comments on various drafts of this manuscript


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