From The Hague to the Balkans: A Victim-Oriented Approach to International Criminal Justice

Publication Type:
Journal Article
International Criminal Law Review, 2014, 14 (1), pp. 1 - 41
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The international crimes committed in the territory of the former Yugoslavia during the 1990s have been the subject of both State responsibility claims and prosecutions establishing individual criminal responsibility. On 26 February 2007 the International Court of Justice handed down its judgment in the Genocide case while it is expected that in 2014 the International Criminal Tribunal for the former Yugoslavia will con-clude all appeals from prosecutions. While these initiatives contribute to the acknowl-edgement of the commission of international crimes they have not provided the victims with any financial reparations. Instead victims have had to make compensa-tion claims under domestic law. The article examines how, in addition to the interna-tional initiatives at The Hague, a regionally focused victim oriented reparations approach can assist in attaining improved international criminal justice for interna-tional crimes committed during the Yugoslav wars. A victim oriented reparations approach would enhance victims' rights through the provision of financial repara-tions, reflect improved international criminal justice and assist in the attainment long-term stability in the war-torn States of the former Yugoslavia.
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