Emory International Law Review

Volume 29Issue 1

Complexity and Efficiency at International Criminal Courts

Stuart Ford | 29 Emory Int'l L. Rev. 1 (2014)

The most persistent criticisms of international criminal tribunals are that they cost too much and take too long. Stuart Ford presents a new assessment utilizing complexity and efficiency. Ford’s work reveals that even the least complex trial at the International Criminal Tribunal for the Former Yugoslavia (ICTY) is more complex than the average criminal trial in the United States, and that the trials completed by the ICTY thus far are the most complex set of related criminal cases to have ever been tried by any court. These conclusions highlight why it is misleading to compare the cost and length of the ICTY’s trials to other trials, both domestic and international, without first accounting for their complexity. Per efficiency, Ford concludes that the ICTY’s trials have proven more efficient than cases of comparable gravity and complexity tried in domestic courts or at the Special Court for Sierra Leone.

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Addressing Dilemmas of the Global and the Local in Transitional Justice

Dustin N. Sharp | 29 Emory Int'l L. Rev. 71 (2014)

Professor Dustin N. Sharp analyzes and deconstructs the concept of the local in the context of transitional justice. While involving the local is a key to success in transitional justice interventions, in practice, the local is often overlooked or restricted by the global. Professor Sharp argues that understanding the global-local dilemma requires at least three things. First, we must understand why transitional justice became the focus for global-local tensions. Professor Sharp indentifies the Western historical and ideological origins of transitional justice as sources for global-local tensions. Second, we must understand local ownership. By describing the components of local ownership (actual control, process, and substance), Professor Sharp presents a more nuanced relationship between the global and local. Third, instead of discarding the concept of the local in favor of more complex theories, we must appreciate its interplay with the centralizing and universalizing tendencies of transitional justice.

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