International Criminal Tribunal for the Former Yugoslavia

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ICTY Due to Render Mladic Trial Judgment

November 21, 2017

The International Criminal Tribunal for the Former Yugoslavia will tomorrow render its very final trial judgment, in one of its most important cases, that of Ratko Mladic, the commander of the army of the Bosnian Serbs during the conflict in Bosnia. As with the case of Radovan Karadzic, the wartime president of the Bosnian Serb republic, there are few unknowns in Mladic’s case – he will be convicted, and he will spend the remainder of his life in prison, whether his sentence is formally that of life imprisonment or not (for our coverage of the Karadzic judgment see here, here and here). Let me nonetheless address two of the remaining uncertainties, and one clear certainty. The first count of the indictment charges Mladic with genocide in several Bosnian municipalities in 1992; the second charges him with genocide in Srebrenica in 1995. And it is on the former that Mladic actually has a realistic chance – even a likelihood – of being acquitted. This is exactly…

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The ‘Command Responsibility’ Controversy in Colombia

March 15, 2017

The peace agreement between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) guerrillas has led to complex legal debates. One key controversy has stood out as legislation to carry out the agreement moved forward: the “command responsibility” definition the Special Jurisdiction for Peace —the judicial system created as part of the peace talks— will apply…

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The Strangest ICJ Case Got Even Stranger, Or the Revision That Wasn’t

March 13, 2017

As Dapo explains in his post from this morning, the President of the International Court of Justice last week sent what was probably one of the weirdest letters to a government (and one of the weirdest related press releases) in its history, and it is only appropriate that it pertains to one of the Court’s strangest…

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Post-Truth and International Criminal Tribunals

February 20, 2017

With all the daily going-ons of our new era of resurgent populist nationalism, it's no wonder that concepts such as 'post-truth' and 'alternative facts' are so very much en vogue, or that Orwell's 1984 and other dystopian classics are once more hitting the best-seller lists. But the sad truth is that there's nothing really new about 'post-truth', except…

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Understanding the ICTY’s Impact in the Former Yugoslavia

April 11, 2016

As a follow-up to the ICTY extravaganza we’ve had on the blog in the past few weeks, I wanted to post about two companion articles I recently put on SSRN that readers might find of interest. The first is ‘The Impact of the ICTY on the Former Yugoslavia: An Anticipatory Post-Mortem’, and it is forthcoming in the…

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