The United Nations has published the “International Criminal Trinunal for the Former Yugoslavia Manual on Developed Practices.” The manual is a synthesis of best practices for prosecuting individuals for human rights violations. The text includes the following chapters:
Trial Judgement Drafting
Enforcement of Sentences
Referral of Cases to Domestic Jurisdictions
Judicial Support Services
Legal Aid and Defence Counsel Issues
ICTY Manual on Developed Practices
From the Introduction to the Manual:
As the ICTY proceedings draw to a close, it has become increasingly important to emphasize the shared responsibility of international and national jurisdictions in the prosecution and prevention of war crimes, and crimes against humanity and genocide. The close cooperation between international and domestic courts is essential to maintaining the radical departure from a culture of impunity and to fostering a culture of accountability. In this perspective, one should view the completion of the ICTY’s mandate as a strategy devised to allow the continuation by domestic actors of the activities that were initiated by the ICTY. The ICTY’s pioneering role and its unprecedented body of practice and case law will be its most significant achievement, and the continuation of its work through the local prosecution of war crimes by courts in the region its real legacy.
However, criminal proceedings for violations of IHL at the domestic level will only succeed if domestic institutions have sufficient resources and adequate capacity to handle complex criminal trials of this nature. The purpose of this Manual is to contribute to this process of capacity-building by sharing the ICTY experiences and established practices in the prosecution and adjudication of complex cases. Other international and mixed jurisdictions will also benefit from this work, so that the know-how developed by the ICTY may provide some guidance on the challenges of delivering justice.