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ICTY Global Legacy: Conference Proceedings the Hague 15-16

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ICTY Global Legacy: Conference Proceedings the Hague 15-16 ICTY ICTY GlobalLegacy Global This publication brings together transcripts of the proceedings of a two day conference – The Global Legacy of the ICTY - convened in The Hague on 15 and 16 November 2011 and organised by the Interna- Legacy tional Criminal Tribunal for the former Yugoslavia. The Conference brought together leading academics, international judges and practitio- Conference Proceedings,TheHague15-16November2011 ners, state representatives, and members of civil society, who explored the impact of the Tribunal’s work on international humanitarian law and Conference Proceedings international criminal procedure, as well as the potential for ICTY The Hague jurisprudence to shape the future of global justice and the advancement of human rights. 15-16 November 2011 Over 350 persons took part in the Conference and the participants and invitees included the Tribunal’s Principals, Judges, senior Tribunal staff, the Security Council Working Group on ad hoc Tribunals, the Rule of Law Unit from UNHQ, representatives of the national academic and legal communities from the former Yugoslavia, non-governmental organisations, international organisations, organs of the European Union, legal counsellors of embassies in The Hague and international law scholars, representatives of universities, international law associa- tions and think tanks. UNITED NATIONS International Criminal Tribunal for the former Yugoslavia Outreach Programme ICTY Global Legacy Conference Proceedings The Hague 15-16 November 2011 ICTY Outreach Programme Th e Hague 2012 ICTY Global Legacy Th e ICTY Global Legacy Conference would not have been possible without the generous support of the governments of the Netherlands, Luxembourg, Switzerland and the Republic of Korea, as well as the Municipality of Th e Hague and the Open Society Justice Initiative. ICTY Global Legacy Conference Proceedings Th e Hague 15-16 November 2011 A Publication of the ICTY Outreach Programme Editior-in-Chief: Nerma Jelačić Editor: Rada Pejić-Sremac Transcribing and editing: Suzana Szabo, Slavica Košća-Vrlazić and Aneta Kawauchi Proofreading: Nicholas Beston, Joanna Ellis Adwan, Gabrielle McIntyre, Moya Magilligan and Kevin Hughes Designed and printed by: Grafi ka Šaran, Sarajevo, BiH 2012. Circulation: 2,000 Th e Outreach Programme is generously supported by the European Union. Th e following document is a transcript of a live audio recording of the Global Legacy Conference and as such it may contain minor speech-related errors. Th e transcript has been carefully edited to ensure clarity for the reader, without infringing upon the original content of recorded speakers. 4 ICTY Global Legacy ICTY Global Legacy 5 Table of Contents: Foreword by Judge Patrick Robinson ........................................................................ 7 Welcome and Introductory Remarks ........................................................................ 9 Panel 1: Th e Impact of the Tribunal’s Substantive Jurisprudence on the Elucidation of Customary International Humanitarian Law ..................................................... 21 Panel 2: Th e Impact of the Tribunal on the Future of Global Justice and Advancement and Enforcement of Human Rights ................................................... 55 Panel 3: Th e Interaction of Common and Civil Law Procedures in the Work of the Tribunal: Effi ciency and Fairness in Complex International Trials ....................... 95 Panel 4: Th e Tribunal’s Jurisprudential Contribution to the Clarifi cation of the Core Crimes of Genocide, Crimes against Humanity and War Crimes .......................... 139 Conclusion of the Conference .................................................................................. 169 6 ICTY Global Legacy ICTY Global Legacy Foreword 7 Foreword As the former President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), during whose tenure of offi ce the Global Legacy Conference 2011 was held, I am very pleased to endorse this publication by the Offi ce of the President and the Outreach Programme of the transcript of proceedings of the Conference. Given that the Tribunal is scheduled to complete its work shortly, the Conference could not have been more timely. Th ere is no doubt in my mind that this publication will make the public more aware of the living, breathing subject that is international criminal justice. Undoubtedly, the main purpose of the Global Legacy Conference 2011 - to assess the global impact of the work of the ICTY - was achieved. Th e ICTY has had a profound impact on the landscape of international criminal justice in ways that were unimaginable at the time of its establishment on 25 May 1993. In fact, following the Nuremberg and Tokyo Trials it has, along with its sister Tribunal, the ICTR, been the main contributor to the development of international criminal justice. Th e work of the ICTY has led to considerable developments in international humanitarian law and international human rights law, and indeed to the development of transitional justice policies, that begin, of course, with the criminal prosecution of the perpetrators. Th e Conference examined the Tribunal’s legacy in the fi eld of international criminal justice in terms of its contribution to the elimination of the culture of impunity for war crimes, the clarifi cation it has given to the scope and elements of the core crimes, its stress on human rights, customary international law and the development of a body of law on procedure and evidence. All these legal issues, and more, were discussed and explored at the Global Legacy Conference 2011 resulting in an interesting, thought-provoking and informative event. Th e stature and expertise of the moderators and panellists and the consistently high quality of all the presentations at the Conference ensure that in this publication the reader has a uniquely valuable statement of the legacy of the Tribunal, and thus of the making of international criminal justice in the modern era. Judge Patrick Robinson ICTY Th e Hague 8 ICTY Global Legacy ICTY Global Legacy Welcome and Introductory Remarks 9 Welcome and Introductory Remarks Day 1: Tuesday, 15 November 2011 Master of Ceremonies: Christian Chartier, former Chief of the ICTY Public Information Service Speakers: Judge Patrick Robinson, ICTY President M. Jean-Marc Hoscheit, Ambassador of the Grand Duchy of Luxemburg to the Netherlands Philippe Brandt, Minister, Embassy of Switzerland to the Netherlands Alison Cole, Legal Offi cer, International Justice, Open Society Justice Initiative Master of Ceremonies, Christian Chartier, former Chief of the ICTY Public Information Service Good morning and a very warm welcome to all of you! On behalf of the ICTY, it is my pleasure to greet you at the outset of this two-day international conference. Th e fi rst such ICTY legacy conference took place, as you may remember, in February 2010. Th is fi rst follow-up conference also takes place against the background of the Tribunal’s Completion Strategy. However, it is going to be more specifi cally devoted to exploring the actual impact of the Tribunal’s judicial work since 1994 on international humanitarian law, substantively, and on international criminal procedure. Today and tomorrow, leading academics, international judges and international practitioners will take us on an exciting journey: how has the ICTY’s groundbreaking jurisprudence impacted on the development of the global justice system; how has the interaction of common law and civil law procedures impacted on the fairness and effi ciency of ICTY cases; how does this case law take us further on the road to ending impunity; and fi nally, how will it shape the future advancement and enforcement of human rights? Today and tomorrow there are four high-level panels. Discussions will be held before you and they will be introduced in detail in due course. 10 Welcome and Introductory Remarks ICTY Global Legacy For now, I would like to extend to you a number of invitations: Th e fi rst one, of course, is to make sure - please - that your cell phones are switched off . Another invitation is to bear in mind that this conference is a public event. Media representatives – and the ICTY welcomes them – are present; furthermore, please note that what is going to be said will be recorded and as a result video as well as a written transcription of the conference proceedings will be uploaded in due course onto the ICTY website. Th e last invitation is, please, to carefully listen to the bell which will ring at the end of each break indicating that the next session is about to begin. Th at being said, I’m pleased to request your attention for the opening remarks which are going to offi cially launch this two- day conference and they will be delivered in turn by judge Patrick Robinson, the President of the International Criminal Tribunal for the former Yugoslavia; by his Excellency Jean-Marc Hoscheit, Ambassador of the Grand Duchy of Luxembourg to the Netherlands; by Mr. Philippe Brandt, Minister at the Embassy of Switzerland to the Netherlands, and fi nally, Miss Alison Cole of the Open Society Justice Initiative. Th e ICTY would like to acknowledge the general sponsorship of the conference by the following governments: the Netherlands, Luxembourg, Switzerland, the Republic of Korea, as well as the Municipality of Th e Hague and the Open Society Justice Initiative. May I now please ask your attention for his Excellency, Judge Patrick Robinson, President of the ICTY. Judge Patrick Robinson, President
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