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The first of its kind, this book treats language justice in the realm of the international criminal law, focusing specifically on the International Criminal Tribunal for the Former Yugoslavia (ICTY). Defining linguistic justice to mean whether the parties to the proceedings have been addressed by the ICTY in their own language, this study explores the conditions for the delivery of linguistic justice in a context where language plays a key role in the conflict. After presenting a very brief history of language quarrels in the former Yugoslavia and pointing to a series of examples where the language, and underlying ethnic and national identities, have been used as a tool for a conflict, the book reviews ICTY language laws, language-related case law, and procedural linguistic equality of arms between the ICTY Prosecution and Defense to set the stage for language-related work that had to be carried out by the ICTY's language services providers--back cover

Analyses legal and political implications of decision by the UN Security Council to exercise its powers and responsibilities; establishment of the ICTY, international peace and security, and judicial intervention and deterrence.

By discussing the general philosophy of punishment in its contours, the authors attempt to establish conceptual connections between the philosophical roots of international criminal law for war crimes and reconciliation as an overarching goal of international criminal justice. Reconciliation is discussed in the paper both as a value and as a process and the authors strive to practically underline the issue of the capability of the International Criminal Tribunal for the Former Yugoslavia (ICTY) to actually serve the purpose of reconciliation. The authors conclude that the ITCY suffers from substantial deficiencies in its capability to effect reconciliation, not because it is politically biased, as is often remarked by analysts, but rather because of procedural and substantive legal problems encountered in its operation that shape it as less than an adequate criminal court generally speaking.

IntroductionTrial Chamber I of the International Tribunal (the " Trial Chamber") is seized of a case which concerns events surrounding the military encirclement of the city of Sarajevo in 1992 by Bosnian Serb forces.The Prosecution alleges that "The siege of Sarajevo, as it came to be popularly known, was an episode of such notoriety in the conflict in the former Yugoslavia that one must go back to World War II to find a parallel in European history. Not since then had a professional army conducted a campaign of unrelenting violence against the inhabitants of a European city so as to reduce them to a state of medieval deprivation in which they were in constant fear of death. In the period covered in this Indictment, there was nowhere safe for a Sarajevan, not at home, at school, in a hospital, from deliberate attack."

This case presents the question whether the Executive Branch may hold uncharged citizens of foreign nations in indefinite detention in territory under the "complete jurisdiction and control" of the United States while effectively denying them the right to challenge their detention in any tribunal anywhere, including the courts of the U.S. The issues we are required to confront are new, important, and difficult.