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Materials on ICTY and ICTR “Completion”

The International Criminal Tribunal for the Former Yugoslavia (ICTYbegan prosecuting its final suspect on Oct. 15, 2012. Prosecutors charged Goran Hadzic with murder, torture, and forcible deportation of ethnic Croats in 1991. Eight cases and six appeals are under way at the Tribunal, which expects to finish its work by 2016. The International Criminal Tribunal for Rwanda (ICTR) has only one prosecution pending, against Augustin Ngirabatware on charges of genocide, conspiracy to commit genocide, complicity in genocide, direct and public inducement to commit genocide, and extermination and rape as crimes against humanity. While there are seventeen appeals pending, a former ICTR official estimated that most of the Tribunal’s work in Arusha will be complete within a year and a half.

In anticipation of the closing of these two tribunals, and to preserve their twenty-year legacy of promoting the rule of law in the international criminal context, each tribunal undertook a completion strategy. (ICTY, ICTR) The United Nations Security Council endorsed the respective completion plans as the appropriate way to bring an end to these temporary (ad hoc) institutions. (99 Am. J. Int’l L. 142, at 143)

Here are some articles that discuss the completion strategies:

Giovanna M. Frisso. The Winding Down of the ICTY: The Impact of the Completion Strategy and the Residual Mechanism on Victims. 3 Gottingen J.Int’l L. 1093 (2011).

Donald Riznik. Completing the ICTY-Project without Sacrificing its Main Goals Security Council Resolution 1966 – A Good Decision? 3 Goettingen J. Int’l L. 907 (2011).

Atrocity Crimes Litigation. Year in Review. 8 J. Int’l Hum. Rts. 310 (2010). (ICTY Prosecutor Serge Brammertz on a realistic completion strategy)

Tarik Abdulhak. Building Sustainable Capacities – From an International Tribunal to a Domestic War Crimes Chamber for Bosnia and Herzegovina. 9 Int’l Crim. L. Rev. 333 (2009).

Anna Petrig. Case Referral to National Jurisdictions: A Key Component of the ICTY Completion Strategy. 45 Crim. L. Bull. 237 (2009).

William W. Burke-White. The Domestic Influence of International Criminal Tribunals: The International Criminal Tribunal for the Former Yugoslavia and the Creation of the State Court of Bosnia & Herzegovina. 46 Columbia J. Transn’l L. 279 (2008).

Fausto Pocar. Completion or Continuation Strategy? Appraising Problems and Possible Developments in Building the Legacy of the ICTY. 6 J. Int’l Crim. Just. 655 (2008). (ICTY’s “continued legacy building” will attempt to build the rule of law in the region and beyond.)

Laura Bingham. Strategy or Process? Closing the International Criminal Tribunals for the Former Yugoslavia and Rwanda. 24 Berkeley J. Int’l L. 687 (2006).  (Completion strategies do not value social and political functions.)

Daryl A. Mundis. The Judicial Effects of the “Completion Strategies” on the Ad Hoc International Criminal Tribunals. 99 Am. J. Int’l L. 142 (2005). (critically explores the effects of the strategies on the tribunals and possible roadblocks that may hinder successful implementation of the strategies)

Angela M. Banks. Carla Del Ponte: Her Retrospective of Four Years in The Hague. 6 International Law FORUM 37 (2004).  (discusses ICTR’s completion strategy)

Books about the establishment of the tribunals:

Virginia Morris and Michael P. Scharf. An Insider’s Guide to the International Criminal Tribunal for the Former Yugoslavia: A Documentary History and Analysis. Transnational Publishers, 1995.

Virginia Morris and Michael P. Scharf. The International Criminal Tribunal for Rwanda. Transnational Publishers, 1997.