This thesis examines the relationship between justice and recovery for survivors of sexual violence in the aftermath of armed conflict. Using the case study of the International Criminal Tribunal for the former Yugoslavia (ICTY), the thesis evaluates whether international criminal justice can contribute positively to victim vindication and restoration. While the historical war crimes tribunals at Nuremberg and Tokyo have been widely criticised for exercising a “victor’s justice”, this thesis illustrates a discernible shift towards a form of “victim’s justice” that extends beyond the parameters of punishment and proportionality for serious violations of international humanitarian law (IHL). Restorative principles of justice have thus been increasingly incorporated within current international criminal jurisdictions, reflected in victim-friendly legislation at the ICTY and the recently established International Criminal Court (ICC). These developments recognise the significance of justice for victims in the aftermath of armed conflict. (For complete abstract open document)
| Identifer | oai:union.ndltd.org:ADTP/270029 |
| Date | January 2005 |
| Creators | Henry, Nicola Michele |
| Source Sets | Australiasian Digital Theses Program |
| Language | English |
| Detected Language | English |
| Rights | Restricted Access: Abstract and Citation Only |
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