A Systematic Review of Attitudes Towards and Impacts of the ICTY in the Former Yugoslavia

• In Event: New Knowledge, Perspectives, and Approaches of Atrocity Crimes Research (ECACTJ Working Group)

Abstract

At Eurocrim 2024, we presented preliminary findings from a systematic review of empirical research on attitudes towards and impacts of the International Criminal Tribunal for the Former Yugoslavia (ICTY). This study now delivers a comprehensive synthesis of 112 empirical studies, offering a deeper and more nuanced understanding of how the ICTY influenced transitional justice, legal reforms, and societal perceptions across the post-Yugoslav region. Findings highlight persistent divisions in public attitudes, shaped by ethnic identity, direct war experiences, and political narratives. While some communities view the tribunal as a cornerstone of accountability, others perceive it as selective and externally imposed justice. The instrumentalization of ICTY verdicts by political elites and media further reinforced these divisions, influencing national discourses on atrocity crimes, victimhood, and reconciliation. Beyond public perceptions, this review assesses the tribunal’s broader structural impact, particularly in shaping domestic war crimes prosecutions, judicial reforms, and EU accession policies. While the ICTY contributed to institutionalizing international legal standards, its detachment from local communities, inconsistent outreach efforts, and limited engagement with victim groups weakened its perceived legitimacy. By synthesizing empirical evidence across diverse methodological approaches, this study offers a critical reassessment of the ICTY’s successes and limitations. The findings underscore the importance of context-sensitive transitional justice mechanisms that engage affected communities and address structural barriers to reconciliation, ensuring that international criminal justice contributes to both legal accountability and sustainable peace.

Authors

• Mirza Buljubašić, Faculty of Criminal Justice, Criminology, and Security Studies, University of Sarajevo

• Barbora Holá, The Netherlands Institute for the Study of Crime and Law Enforcement (NSCR) & Centre for International Criminal Justice, VU University Amsterdam

• Linda Schoonmade, Medical Library, Vrije Universiteit Amsterdam