That Someone Guilty Be Punished

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When the United Nations Security Council established the International Criminal Tribunal for the former Yugoslavia (ICTY) in May 1993, expectations were low due to ongoing violence in the Balkans. The Tribunal was seen as a way for Security Council members to save face after failing to stop the conflict. However, the ICTY had profound and lasting effects on Bosnia and Herzegovina, the Balkans, and international law. Initially an ad hoc response to wartime atrocities, it set a precedent for post-Nuremberg international justice, leading to the establishment of courts for Rwanda, Sierra Leone, Cambodia, Kosovo, and Timor Leste, along with a permanent International Criminal Court. The ICTY also spurred national war crimes prosecutions in Bosnia and Herzegovina and beyond, creating a rich jurisprudence of international humanitarian law that informs other courts. Diane F. Orentlicher, a law professor at American University, examines the ICTY's effects and effectiveness, focusing on lessons for future justice efforts. She highlights the experiences of victims and survivors, documenting their expectations, hopes, and disappointments alongside the tribunal's achievements and limitations. Drawing from extensive interviews with Bosnian interlocutors, this work offers a comprehensive portrait of the ICTY and its impact on Bosnia.