The International Criminal Tribunal for the Former Yugoslavia has set for itself goals that go beyond bringing perpetrators of crimes to account. Some of these functions directly depend on the media for their fulfilment, because it is precisely the media who transmits these functions to the public. This ever-increasing reliance on the media brings a need for a minimal standard of balanced reporting,which seems to be lacking in Serbia. I will examine Serbian media reporting and conclude that it does not further the Tribunals purposes, thus negatively affecting the Serbian public. I will contrast Serbian to Rwandan news reporting in order to show that a higher standard can be expected of these news outlets. Nevertheless, regardless of what kind of reporting is prevalent, the effect on the ground may not be negative if it motivates people to access other sources and thus widen their outlooks on the issues.

The International Criminal Tribunal for the Former Yugoslavia has set for itself goals that go beyond bringing perpetrators of crimes to account. Some of these functions directly depend on the media for their fulfilment, because it is precisely the media who transmits these functions to the public. This ever-increasing reliance on the media brings a need for a minimal standard of balanced reporting,which seems to be lacking in Serbia. I will examine Serbian media reporting and conclude that it does not further the Tribunals purposes, thus negatively affecting the Serbian public. I will contrast Serbian to Rwandan news reporting in order to show that a higher standard can be expected of these news outlets. Nevertheless, regardless of what kind of reporting is prevalent, the effect on the ground may not be negative if it motivates people to access other sources and thus widen their outlooks on the issues.

International criminal tribunals rely on international support. However, in the case of the ICTY and the ICTR, international support has been uneven. I argue that this uneven support is related to the post-atrocity status of the domestic governing authority. In cases where the governing authority retains the status of victim, as in Rwanda following the 1994 Tutsi genocide, the international community has been reluctant to back the ICTR in its attempts to prosecute all participants of the 1994 genocide. In cases where the governing authority retains the status of perpetrator, as in Serbia following the Bosnian genocide of the 1990s, the international community has been more supportive of the ICTY. In cases where the post-atrocity status is mixed, as in Croatia, the backing of the international community of the ICTY has been similarly mixed.

Extant transitional justice literature examining processes and functions of the International Criminal Tribunal for the Former Yugoslavia have traditionally looked at the output and outcomes from an institutional level of analysis and have neglected to examine how the witness feels about his or her own participation in the process. This project provides deeper perspective from the individual level of analysis based on sequential phases of the testimony process lifecycle: the reason the witness decided to participate with the tribunal, the psychological effect of the testimonial process, and the satisfaction the witness had about their own contribution to the ICTY. I expound upon existing findings and confirm survivors of sexual assault testify more from personal reasons than out of altruistic motivations. I further examine the two competing theories that dominate the discussion of how the testimonial process normatively effects a witness and find demonstrable evidence to confirm either. I create and confirm an explanatory theory that addresses patterns of emotional states both prior to and after completion of testifying, providing a theoretical explanation of negative emotions reported by witnesses both before and after testifying. I also confirm that witnesses who identified being motivated to testify out of an obligation reported a stronger belief that their testimony helped contribute to finding justice while witnesses who participated seeking internal or personal closure believed their participation helped the tribunal establish the truth about the wars in the former Yugoslavia. These findings and information can help to inform best practices for future tribunal services as well as assist victim and witness policies.

The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) established by the UN Security Council in the early 1993 and 1994 respectively in the wake of mass atrocities commented in the Balkans and in Rwanda are arguably the first truly international criminal tribunals (ICTs). While the Nuremberg and Tokyo tribunals set up by the Allies to prosecute the Germans and Japanese responsible for atrocities committed during World War II provided some precedent, much of the ICTs’ substantive law had never been litigated. In addition, differences in the circumstances surrounding the two sets of prosecutions meant that the ICTs’ procedural system was effectively brand new. In this context, the role of the ICTs’ judges in progressively developing international criminal law and the international criminal justice system assumes great importance. Since the establishment of the ICTs, a permanent international criminal court and several ‘hybrid’ international courts have been created. Each of these has drawn heavily on the jurisprudence and procedural law, practices and norms of the ICTs. This further underscores the importance of understanding the development of international criminal law by ICT judges. / Studies of factors influencing the behaviour of judges have generally focused either on micro-level factors, primarily the policy position of judges, or macro-level factors, primarily the relationship between States and international courts. This thesis argues that the exploration of factors influencing judicial behaviour on both levels is important. This thesis uses a broad institutional perspective to identify the types of factors likely to be salient influences on judicial behaviour and the way in which those factors operate, in particular the way in which the ICTs as organisations operate to mediate exogenous influences. / The thesis uses a range of data sources, including interviews with judges and defence counsel to empirically explore two micro level and three macro level influences. The micro-level influences explored are judges’ national system and professional backgrounds. The macro-level influences explored are the reliance of the ICTs on States, the need for the ICTs to establish and maintain legitimacy and the broader expectations directed towards war crimes tribunals. / The thesis findings show that exploring both the micro and macro-levels provide important insights into judicial behaviour at the ICTs. The findings on the influence of the micro-level factors explored in the thesis reveal that both national system background and professional background do influence some aspects of judicial behaviour. The findings also suggest the importance of understanding the process of institutionalisation when exploring judicial behaviour and the organisational factors that facilitate or impede this. The findings on the influence of the macro-level factors explored in the thesis suggest that each of these factors do influence judicial behaviour at the ICTs in certain ways, but that the level to which the factors influence behaviour is context-contingent.

This thesis is a qualitative analysis of the international legal response to rape as war crime in the former Yugoslavia. Through the examination of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the case law it has generated, this thesis addresses the question will the androcentric characteristics of law found in domestic rape cases be replicated at the international level? More specifically this thesis undertakes an examination which questions will international law be able to adequately amplify and listen to women voices, or will the women’s words be silenced by the rule of law? The following research is loosely informed by Carol Smart’s (1989) sociology of law theory combined with Liz Kelly’s (1988) notions of coping, resisting, and surviving. The purpose of using Kelly’s theory is to go beyond viewing women as inevitable victims of sexual assault. The methodological approach is both qualitative and inductive. It draws on data from the ICTY structure, Statute, Rules of Procedures and Evidence, case law and transcripts and women’s stories presented outside the legal realm. The analysis reveals that while written law (including the interpretation and application of the law) is somewhat aware of the experiences of women, it falls short of adequately responding to the needs of women. A detailed look at the women’s stories of war revealed diverse experiences not captured in the legal realm. The women’s stories spoke of concerns beyond sexual assault and other crimes identified by the ICTY Statute. This thesis also introduces alternatives or complimentary approaches to law when dealing with war crimes. These alternatives include women’s local groups and truth commissions. This thesis also identifies the criminological relevance of studying war crimes (as defined by international law) and crimes of war and marks an important step in understanding rape and war from a criminological perspective. / February 2005

This thesis is a qualitative analysis of the international legal response to rape as war crime in the former Yugoslavia. Through the examination of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the case law it has generated, this thesis addresses the question will the androcentric characteristics of law found in domestic rape cases be replicated at the international level? More specifically this thesis undertakes an examination which questions will international law be able to adequately amplify and listen to women voices, or will the women’s words be silenced by the rule of law? The following research is loosely informed by Carol Smart’s (1989) sociology of law theory combined with Liz Kelly’s (1988) notions of coping, resisting, and surviving. The purpose of using Kelly’s theory is to go beyond viewing women as inevitable victims of sexual assault. The methodological approach is both qualitative and inductive. It draws on data from the ICTY structure, Statute, Rules of Procedures and Evidence, case law and transcripts and women’s stories presented outside the legal realm. The analysis reveals that while written law (including the interpretation and application of the law) is somewhat aware of the experiences of women, it falls short of adequately responding to the needs of women. A detailed look at the women’s stories of war revealed diverse experiences not captured in the legal realm. The women’s stories spoke of concerns beyond sexual assault and other crimes identified by the ICTY Statute. This thesis also introduces alternatives or complimentary approaches to law when dealing with war crimes. These alternatives include women’s local groups and truth commissions. This thesis also identifies the criminological relevance of studying war crimes (as defined by international law) and crimes of war and marks an important step in understanding rape and war from a criminological perspective.

This thesis is a qualitative analysis of the international legal response to rape as war crime in the former Yugoslavia. Through the examination of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the case law it has generated, this thesis addresses the question will the androcentric characteristics of law found in domestic rape cases be replicated at the international level? More specifically this thesis undertakes an examination which questions will international law be able to adequately amplify and listen to women voices, or will the women’s words be silenced by the rule of law? The following research is loosely informed by Carol Smart’s (1989) sociology of law theory combined with Liz Kelly’s (1988) notions of coping, resisting, and surviving. The purpose of using Kelly’s theory is to go beyond viewing women as inevitable victims of sexual assault. The methodological approach is both qualitative and inductive. It draws on data from the ICTY structure, Statute, Rules of Procedures and Evidence, case law and transcripts and women’s stories presented outside the legal realm. The analysis reveals that while written law (including the interpretation and application of the law) is somewhat aware of the experiences of women, it falls short of adequately responding to the needs of women. A detailed look at the women’s stories of war revealed diverse experiences not captured in the legal realm. The women’s stories spoke of concerns beyond sexual assault and other crimes identified by the ICTY Statute. This thesis also introduces alternatives or complimentary approaches to law when dealing with war crimes. These alternatives include women’s local groups and truth commissions. This thesis also identifies the criminological relevance of studying war crimes (as defined by international law) and crimes of war and marks an important step in understanding rape and war from a criminological perspective.

Gender-based violence (GBV) has been used as a tool of instilling fear, hatred and persecution during conflict situations. It is a fact that GBV takes place pre-conflict situations. Moreover, conflicts and wars only accelerate the rate at which GBV is committed. In the 1990s and early 2000s, there was conflict in the Former Yugoslavia, Rwanda and Sierra Leone. These conflicts went down in history as conflicts where horrendous crimes were committed. As a result of the atrocities committed and the magnitude of victims, the international community with the assistance of the United Nations formed the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone. These international tribunals were given the task of prosecuting the perpetrators of these crimes. Prior to the formation of these tribunals, the international community had experienced other wars whereby international tribunals were also formed to deal with the atrocities committed. However, this research only aims at comparatively analysing the ICTY, TCTR and the SCSL because these new tribunals were the first in experiencing the development of the prosecution of GBV. The former international tribunals did not effectively deal with gendered crimes therefore there was no precedent set in international law regarding the prosecutions of these crimes. The conflicts that occurred in the Former Yugoslavia, Rwanda and Sierra Leone also saw the introduction of more brutal forms of GBV. These forms of GBV that developed forced the tribunals to change the way they prosecuted gender-based crimes because the nature and the magnitude at which the crimes were committed was massive. Forms of GBV that were earlier recognised such as rape and sexual violence were now being used as a means through which the perpetrators committed war crimes, crimes against humanity and genocide. The comparative analysis between the ICTR, the ICTY and the SCSL also aims at showing how the different challenges and hurdles that these courts faced when prosecuting these crimes. The pitfalls that the tribunals experienced at the pre-trial phase are also investigated and critically analysed with the aim of drawing lessons about mistakes that should not be repeated in newer international tribunals. A comparative analysis will also be done on the different precedents that were set by the cases that were heard in these tribunals with the aim of showing how these tribunals have indeed contributed to the development of the prosecution of these types of crimes. Finally, recommendations will be made regarding how future international tribunals better deal with these crimes. The research paper also aims at creating awareness that these types of crimes must be treated differently and with caution because the effects that the victims suffer from last way after the conflicts and trials are over. Lessons must be carried from past prosecutions in order to correct and better improve the way in which the prosecutions are carried out and also the way in which the different victims are treated even after the prosecutions have been completed. / Dissertation (LLM)--University of Pretoria, 2011. / Public Law / unrestricted

This diploma thesis examines with the Dutch attitude towards enlargement of the European Union. In Netherlands the EU enlargement is a politically sensitive issue. Dutch foreign policy is traditionally closely connected with the concept of "merchant and the vicar", reflecting both values of the society and national interests. Interestingly the attitude of the government, reflecting the public opinion, is much more conservative compared to other member states and strictly support the democratic conditionality as the core strategy of the EU to induce candidate states to comply with its human rights and democracy standards. Netherlands gives also special value to the need to give particular regards to the current absorption capacity of EU. The main purpose of the thesis is to evaluate to what extent is the official attitude of the Dutch government towards enlargement shaped by either interests or values of the society as a whole. I put the current Dutch attitude in the context of the current development in Serbia, as the most significant candidate state form the region of Western Balkans and Iceland. The thesis analyses two very similar cases: the cooperation with the ICTY in Hague and the Icesave dispute. Netherlands has long and persistently blocked the accession negotiations with Iceland and...