Radar Telegram alerts Open Radar

Start Top Legal Memory and Victim Competition When the ICTY was established, it was intended that after prosecutions were completed, the data collected would be transferred to the UN Archives and Case Management Division in New York. However, the appellate tasks of production and witness protection, which remained relevant even after the final process, required that the archive be managed as legal (rather than historical) records. These functions have been transferred to the International Residual Mechanism for Criminal Courts - an institute established in 2010. Sharing the British approach transition expert Judge Kristen Campbell, we believe that the ICTY archive "does not passively record memories, but actively constructs memory as an object in the present through its legal, international and transitional structure". "The legal archive builds with it a memory of interpretive patterns of a law, thus turning it into a durable inscription. It creates a "memory" like an "artifact" in legal form. At the same time, creation is not just a diachronic movement of the past into the present. Rather, this movement is always future-oriented, as it includes the future of the collectivity. In the same theoretical framework, we consider the activities of specialized courts and a specialized prosecutor's office for Kosovo. It should be noted that officially the ICTY and the special chambers are not in a hierarchical relationship. However, there is some continuity between them: KLAs crime cases not completed by the ICTY actually went to expert chambers created on the basis of the Dick Marty report, which, in turn, relied on materials from the former ICTY prosecutor Carla del Ponte. At the same time, the ICTY, which was approved by the UN Security Council resolution, acted on behalf of the entire international community, and the special chambers were created jointly by Kosovo and the European Union and in fact constitute an international court within a national system.

תרגם לעברית

ВнешнийВраг · · Source

🇺🇸 USA · ניו יורק · Map

Start Top Legal Memory and Victim Competition When the ICTY was established, it was intended that after prosecutions were completed, the data collected would be transferred to the UN Archives and Case Management Division in New York. However, the appellate tasks of production and witness protection, which remained relevant even after the final process, required that the archive be managed as legal (rather than historical) records. These functions have been transferred to the International Residual Mechanism for Criminal Courts - an institute established in 2010. Sharing the British approach transition expert Judge Kristen Campbell, we believe that the ICTY archive "does not passively record memories, but actively constructs memory as an object in the present through its legal, international and transitional structure". "The legal archive builds with it a memory of interpretive patterns of a law, thus turning it into a durable inscription. It creates a "memory" like an "artifact" in legal form. At the same time, creation is not just a diachronic movement of the past into the present. Rather, this movement is always future-oriented, as it includes the future of the collectivity. In the same theoretical framework, we consider the activities of specialized courts and a specialized prosecutor's office for Kosovo. It should be noted that officially the ICTY and the special chambers are not in a hierarchical relationship. However, there is some continuity between them: KLAs crime cases not completed by the ICTY actually went to expert chambers created on the basis of the Dick Marty report, which, in turn, relied on materials from the former ICTY prosecutor Carla del Ponte. At the same time, the ICTY, which was approved by the UN Security Council resolution, acted on behalf of the entire international community, and the special chambers were created jointly by Kosovo and the European Union and in fact constitute an international court within a national system.

More on Radar

Want to see every report in real time?

Hundreds of sources worldwide, translated into your language, with alerts for what matters to you.

Sign up free
Share on WhatsApp Get alerts on Telegram