Intro -- Acknowledgments -- Table of Contents -- List of Abbreviations -- 1 Introduction: The ICTY between Hope and Disappointments -- 1 The New Era of Global Justice -- 2 The ICTY's Broader Effects -- 2.1 High Expectations towards the Tribunal -- 2.2 Little Knowledge about the Potential of International Criminal Courts and Tribunals -- 2.3 The ICTY and the Rule of Law -- 3 Structure of This Book -- 4 The Political Context: Societies in Transition -- 5 Terminology -- 6 Epilogue -- Part I Conceptual, Theoretical, and Methodological Framework -- 2 The Rule of Law in Transitional Justice -- 1 A Short History of the Rule of Law -- 1.1 Ancient Roots, the Medieval Period, and Liberalism -- 1.2 Which Essentialia Can Be Distilled for a Modern Rule of Law Conception? -- 2 Formal Versus Substantive Conceptions of the Rule of Law -- 2.1 Formal Conceptions of the Rule of Law -- 2.2 Substantive Conceptions of the Rule of Law -- 2.3 The Rule of Law: An Essentially Contested Concept -- 3 Ordinary Rule of Law Versus Transitional Rule of Law -- 3.1 The Rule of Law as Core Transitional Business -- 3.2 Transitional Justice and Its Goals -- 3.3 The Law in Transition: Enabling and Softening the Transition -- 3.4 The Rule of Law in Transition -- 4 The Rule of Law in Transitional Justice -- 4.1 The Two Main Characteristics: Maximalist and Interim -- 4.2 Purposes of the Transitional Rule of Law -- 4.3 Existing Proposals for a Rule of Law in Transitional Justice Contexts -- 4.4 The First Pillar: Three Components of the Transitional Rule of Law -- 4.5 The Second Pillar: Implicating the Whole of Society -- 4.6 The Transitional Rule of Law -- 5 Conclusion -- 3 The Impact Model: How War Crimes Courts Influence the Domestic Rule of Law -- 1 Impact Factors: War Crimes Courts' Capacity Building and Demonstration Abilities -- 1.1 Theoretical Origins.

1.2 Direct Impact Factors: Capacity Building Abilities -- 1.2.1 Providing Material Resources -- 1.2.2 Advice on Legal Reform -- 1.2.3 Transfer of Knowledge -- 1.2.4 Empowering the Civil Society -- 1.3 Indirect Impact Factors: Demonstration Abilities -- 1.3.1 Legality: Legal Establishment -- 1.3.2 Effectiveness: Fighting Impunity -- 1.3.3 Compliance: Cooperation and Deterrence -- 1.3.4 Perceived Legitimacy: The War Crimes Court's Demonstration of the Rule of Law -- 1.4 'Impact Receivers': Key Constituents of War Crimes Courts -- 2 Impact Mechanisms: The Rule of Law Cascade -- 2.1 Theoretical Origins -- 2.1.1 Why Obey? Logic of Appropriateness Versus Logic of Consequentialism -- 2.1.2 Why States Obey International Law in their International Relations -- 2.1.3 Why States Obey International Law Domestically -- 2.1.4 Norm Internalisation: The Norm Cascade Model and the Spiral Model -- 2.2 Mechanisms to Impact the Rule of Law by War Crimes Courts -- 2.2.1 Advocacy Networks for the Rule of Law -- 2.2.2 War Crimes Courts' Rule of Law Cascade -- 3 Conclusion -- 4 Methodology and Analytical Framework -- 1 Methodology -- 1.1 Interdisciplinary Approach -- 1.2 Sources -- 1.2.1 Legal Sources, Policy Documents, IO and NGO or Media Reports, Academic Literature -- 1.2.2 Semi-Structured Expert Interviews -- 1.3 Comparative Approach -- 1.4 Chronology of the Research Process -- 2 Analytical Framework -- 2.1 The ICTY's Rule of Law Definition -- 2.1.1 Normative Dimension -- 2.1.2 Institutional Dimension -- 2.1.3 Cultural Dimension -- 2.1.4 Comparison Between the Rule of Law in Transitional Justice and the ICTY's Rule of Law Conception -- 2.2 Analysing Impact -- 3 Conclusion and Challenges -- Part II ICTY-Triggered Changes in Serbia and Bosnia and Herzegovina.

5 The ICTY, the Catalyst - How the ICTY Contributed to Re-Establishing the Rule of Law by Triggering the Domestic Adjudication of War Crimes -- 1 Explaining Impact: Establishing Domestic War Crimes Institutions -- 1.1 The Jurisdictional Regime of the ICTY Statute -- 1.2 Completion or Continuation Strategy -- 1.3 The Incentive: Transferring Cases -- 1.4 Conducting Necessary Judicial Reforms -- 1.5 A Joint Initiative: Establishing the State Court of Bosnia and Herzegovina -- 1.6 No Comparable Efforts in Serbia -- 2 The War Crimes Institutions -- 2.1 Bosnia and Herzegovina -- 2.1.1 Courts -- 2.1.2 Prosecutors' Offices -- 2.1.3 Registry -- 2.1.4 Criminal Defence Section (Odsjek Krivicne Odbrane, OKO) -- 2.1.5 International Element -- 2.2 Serbia -- 2.2.1 Higher Court Belgrade and the Court of Appeal in Belgrade -- 2.2.2 Office of the War Crimes Prosecutor (OWCP) -- 2.2.3 War Crimes Investigation Service (WCIS) -- 3 Applicable Law -- 4 How the ICTY Boosted the Performance of Domestic Institutions -- 4.1 Jurisdictional Regime and Division of Labour -- 4.2 Cooperation between Domestic Courts and the ICTY -- 4.3 The ICTY's Rules of the Road Programme -- 4.4 Transferring Rule 11bis and Category II Cases from The Hague to the former Yugoslavia -- 4.5 ICTY Oversight over Investigations and Trials -- 4.6 Capacity Building -- 5 Appraisal of Domestic War Crimes Cases -- 5.1 Numbers of War Crimes Cases -- 5.2 Challenges and Problems -- 5.2.1 Lack of Will -- 5.2.2 Lack of Resources -- 5.2.3 Lack of Competence -- 5.2.4 Lack of Regional Cooperation -- 5.2.5 Lack of Structured Approaches -- 6 Conclusion: Re-Establishing Accountability -- 6 "We Learned That from The Hague" - How the ICTY Contributed to Compliance with International Law and Standards through Impact on Domestic Criminal Law and Practice.

1 Explaining Impact: The Role of the ICTY and International Law in Serbia and BiH -- 1.1 Presence and Absence of the International Community -- 1.2 International Law in Bosnia and Herzegovina and Serbia -- 1.2.1 Legal Framework -- 1.2.2 Customary International Law -- 1.2.3 Principle of Legal Precedents -- 1.2.4 International Judges and Prosecutors -- 1.2.5 Attitudes Towards International Law: Lack of Experience, Knowledge, and Access -- 1.3 Legal Professionals' Attitudes Towards the ICTY -- 1.4 ICTY- and Other Measures Paving the Ground for ICTY Impact -- 1.5 Summary: Factors Leading to ICTY Impact on Criminal Law in BiH and Serbia -- 2 Substantive Criminal Law -- 2.1 Legislation -- 2.2 Jurisprudence -- 2.2.1 Prosecuting for Crimes Against Humanity and Command Responsibility -- 2.2.2 The Contextual Elements of War Crimes -- 3 Procedural Criminal Law -- 4 Conclusion: Compliance with International Law and Standards -- 7 Bringing Novelties to the Region - How the ICTY Contributed to Justice and Effectiveness of the Criminal Process by Introducing Protection and Support for Witnesses and Victims -- 1 Witnesses Protection and Support -- 1.1 Explaining Impact: The ICTY as a Role Model for Witness Protection and Support -- 1.1.1 Demonstrating Witness Protection and Witness Support -- 1.1.2 Capacity Building to Bolster Good Practices -- 1.2 Witness Protection in Bosnia and Herzegovina -- 1.2.1 In-Court Protection -- 1.2.2 Out-of-Court Protection -- 1.2.3 Prosecution of Threats against Witnesses -- 1.3 Witness Support -- 2 Compensation for Victims -- 2.1 Explaining Impact: The ICTY as a Negative Example in Compensating Victims -- 2.2 Compensation Claims Within Criminal Proceedings in Bosnia and Herzegovina and Serbia -- 3 Conclusion: Effectiveness and Justice.

8 Modernising the Courtroom - How the ICTY Contributed to Efficiency, Effectiveness, and Transparency of Court Proceedings by Demonstrating the Benefits of Technology -- 1 Explaining Impact: Leading by Example -- 2 Technical Innovations in National Courts -- 2.1 Electronic Evidence and Case Management -- 2.2 Video-Conference Link -- 2.3 Witness Protection -- 2.4 Audio-Recording and Transcripts -- 2.5 Video-Recording and Public Sessions -- 2.6 Use of the Internet to Inform the Public -- 3 Conclusion: Efficiency, Effectiveness, and Transparency -- Part III Analysis of the ICTY's Impact on Bosnia and Herzegovina and Serbia -- 9 Explaining the ICTY's Impact on Changes in the Bosnian and Serbian Justice Systems -- 1 Analysis of Observed Changes in the Criminal Justice Systems of Bosnia and Herzegovina and Serbia -- 1.1 Clear, Unclear or Partial, or Non-Existent Impact -- 1.2 Types of Domestic Changes -- 1.3 Degree of Change -- 1.4 Impact that Transgresses the Field of War Crimes and Impact that Does Not -- 1.5 Appraisal of the Observed Change -- 2 Explaining the ICTY's Impact on Bosnia and Herzegovina and Serbia -- 2.1 Theory Recap: From Capacity Building and Demonstration Effects to the Norm Cascade -- 2.2 Actors Relevant for Change -- 2.3 Factors That Mattered in BiH and Serbia -- 2.3.1 Capacity Building Abilities: Intensity of Contact -- 2.3.2 Attitudes Towards the ICTY -- 2.3.3 Conclusion: The ICTY's Capacity Building and Demonstration Abilities -- 2.4 The ICTY's Impact Networks -- 2.5 Explaining the Tribunal's Impact: The ICTY's Norm Cascade -- 3 Is This the Rule of Law? -- 4 Conclusion -- 10 Conclusion: "The Tribunal Is Dead, Long Live the ICTY! -- 1 The ICTY's Impact on the Rule of Law in BiH and Serbia: Summary of the Main Findings -- 2 The Take-Aways from This Study -- 2.1 General Validity of This Research -- 2.2 Recommendations.

2.3 Academic and Societal Contributions.