Legacy of ICTY and its Impact on Statute and Case Law of ICC Establishing of International Criminal Court is a significant moment in evolution of international criminal law. It is the first permanent institution of international justice with personal jurisdiction and it was founded for one purpose only - to finally end the era of impunity for war criminals all over the world. But ICC didn't appear from nowhere. There was a long road towards its establishment and who knows if it would ever happen without influence of so called ad hoc tribunals, International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda. It is a sad truth that international criminal law made its biggest evolution as a reflection of the world's most horrible conflicts. The purpose of this thesis is to analyze a legacy of one of these tribunals, International Criminal Tribunal for the former Yugoslavia, and to explore its influence not only on the Statute of International Criminal Court, but also on its case law. International Criminal Court is not operating for long, but we can still notice many references on ICTY case law in its judgments. The reason for this research is my particular relation towards Balkan region as well as my interest in international justice in general. The thesis is composed...

This diploma thesis deals with the depiction of the role of media and journalists in war conflicts. It analyses the way the film producers portray media and journalistic work, their characters and abilities. The analysis also looks for attributes of professional journalistic routine in the hostile environment of the war zones, how media and journalists communicate with each other, the way they interact with civilians, soldiers, how critical they are towards the official establishment line of their editors or governments. The method used for analysing the feature and documentary films was the qualitative content analysis. After seeing the films several times, eleven categories that represented best the groups of similarities concerning media and journalists were defined throughout the analysed films. After that, charts were created where brief descriptions of categories and data were lined up and then compared. The next part of the analysis inspects these data even deeper. The result shows how the film makers depict journalistic routines and which stereotypes they use. We also learn whether the picture of the journalists differs according to each of the conflicts when we know that there were utterly different motivations behind them.

Classical approaches to conflict resolution assume that inducing conflict parties to analyse conflict constellations precipitates that the disputants recognise mutually shared needs or interests. Partially in critical reaction towards this assumption, a more recently emerging approach envisages setting up a communicative framework within which the conflict parties are supposed to harmonise their conceptualisations of the conflict. This dissertation, in contrast, argues that work within the frameworks of these classes of approaches is impolitic as long as war-related hostilities stay intact, since conflict parties which see the existence of the adversary as the core of the problem are unlikely to engage in a process of open communication or open analysis, so that trustbuilding is a sine qua non. Practice experiences of local NGOs in the former Yugoslavia suggest that the following activities can be conducive to trustbuilding: 1) supporting exchanges on personalising information, so that the internal heterogeneity of the opponent's group is rendered visible; 2) bringing intergroup iii commonalities to the foreground, either through cooperation on shared aspirations, or by unearthing interpersonal overlaps e.g. common feelings, values, and war-related experiences; 3) undermining the imagination of the own side's moral superiority by fostering the recognition of crimes and suffering inflicted by the own side. For those cultural and religious differences which persist after basic trustbuilding, a contingency approach is proposed: 1) Fostering the exploration of commonalities and differences; 2) If disagreements remain despite a better basic understanding, tolerance of these difference can be based on a better understanding of the values' background, and on an acceptance of differing beliefs as equal in valence; 3) Supporting the discovery of joint values to raise awareness for options of cohabitation with differences; disagreements which cannot be solved might be continued within an accepted communicative framework based on these shared values.

Thesis (M.J.) - Carleton University, 2005. / Includes bibliographical references (p. 209-218). Also available in electronic format on the Internet.

Thesis (M.A.) - Simon Fraser University, 2005. / Theses (School of Criminology) / Simon Fraser University.

Thesis (M.A.) - Simon Fraser University, 2005. / Theses (School of Criminology) / Simon Fraser University.

This thesis aims to illustrate and explain contemporary interactions between Western ethnographic museums and broader society. It is based on one central case study, the Slovene Ethnographic Museum (SEM) in Ljubljana, Slovenia. A majority of informants expressed a wish for the museum to be a platform for dialogue. In connection to their visions, this thesis discusses the potential of ethnographic museums to work towards promoting and facilitating inclusivity and social change as well as some tensions that arise from this development. This is done through an analysis of ethnographic data on museum employees’ views on the relevance and responsibilities of the museum and its status as a cultural and scientific institute. New museology and actor-network theory are used as primary analytical tools. A responsibility to represent ‘correctly’ in the museum is related to the influence that tangible and intangible heritages, as actants, can have on society. It is argued that cultural heritage could be instrumental in achieving positive social change. However, there is a core tension between the envisioned position of the museum and the power hierarchy that it maintains through its identity as a scientific institute that shapes dominant knowledge.

LL.M. (International Law) / Please refer to full text to view abstract.

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 paper deals with the prosecution of a crime of crimes, genocide, at international and national levels. The international community has shown interest in penalizing perpetrators of gross human rights violations since the Nuremberg trial, and then the adoption of the 1948 UN Genocide Convention. After these times, significant numbers of international tribunals, although at an ad hoc level, have been established to punish gross violations of human rights including the crime of genocide. Along with these tribunals, quite a number of national courts have engaged in the prosecution of genocide. Nevertheless, due to legal and practical problems, the two legal systems are adopting different approaches to handle the matter, although the crime is one and the same. Therefore, the objective of this paper is to assess critically where the difference lies, the cause and impact of the disparity on the rights of the accused to fair trial. Moreover, the study will posit some recommendations that might assist to ameliorate this intermittent situation." -- Synopsis. "This work consists of five chapters. Chapter one is addressing the general introduction of the work, and it has already been discussed. Chapter two deals with the crime of genocide and its criminal responsibility as indicated under different national and international laws. The third chapter is devoted to focus on the right to fair trial and the prosecution of genocide, and specifically addresses the issues of the right to legal assistance, speedy trial, obtain and examine evidence, and sentencing. In chapter four the role of the Rome Statue in protecting the rights of the accused, its impact on on national laws, the complementarities of the International Criminal Court and national courts will be discussed. Finally, the work will come to an end by giving concluding remarks and recommendations under the fifth chapter." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Makerere University, Kampala / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM