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UBC Theses and Dissertations

What is left behind : the normative legacy of the International Criminal Tribunal for former Yugoslavia Felicijan, Blazka

Abstract

Ever since the International Criminal Tribunal for former Yugoslavia handed down its final verdict in November 2017, there has been much speculation regarding the achievements and legacies left behind by the historic judicial institution. However, less attention has been given to the Tribunal’s normative influence. By outlining three of the ICTY’s normative legacies the study seeks to illuminate the Tribunal’s unique normative capacity. The ICTY’s role in the codification of the norm against wartime sexual violence is further analyzed to explore how international organizations such as the Tribunal can contribute to norm development and norm diffusion. Limits to normative influences are revealed, which put into question whether the Tribunal has actually left a lasting impact in the region that matters the most; Serbia and Bosnia and Herzegovina. Analyzing the Tribunal’s normative capacity will shed light on the prospects and limits of mandates for future international judicial institutions.

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