bluuebunny/crossref_metadata_2025_split huggingface dataset:
“We cannot rule out that torture is going on”
Authors: Hirschmann Gisela 
Published: July 2020

Abstract
This chapter analyzes the conditions for pluralist accountability in response to the violation of the rights of detainees in Afghanistan that were captured by NATO’s International Security Assistance Force (ISAF) and transferred to United States or Afghan custody. The analysis demonstrates that the lack of competition among third parties to act as advocates for the rights of suspected terrorists in Afghanistan, as well as the low vulnerability of the United States government regarding human rights demands in the immediate aftermath of the attacks of September 11, 2001, hindered the emergence of pluralist accountability in the case of detainees transferred to the United States-led coalition forces. In contrast, the case on the rights of detainees transferred by ISAF to the Afghan government shows how competition within the United Nations Assistance Mission in Afghanistan, and increasing vulnerability of the transferring ISAF states with regard to human rights demands, fostered pluralist accountability.
Human Trafficking and the Violation of the Rights of Detainees
Authors: Hirschmann Gisela 
Published: July 2020

Abstract
This chapter contains two case studies on the accountability of peace operations in Bosnia. The first case study analyzes how pluralist accountability evolved in response to allegations that a significant number of international personnel, partly under contract with private military companies, were involved in sex trafficking. In the case of human trafficking, the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Bosnia as well as domestic institutions acted as accountability holders. The second case study on Bosnia demonstrates how pluralist accountability failed to evolve in response to the violation of detainees’ rights by the NATO-led Stabilization Force (SFOR) operation. In this case, competition was rather weak as there were no concurring transnational nongovernmental or intergovernmental human rights organizations that competed for promoting the rights of detainees. Moreover, SFOR’s low vulnerability with regard to human rights demands hindered the evolution of pluralist accountability.
Bringing Peace, But Violating Human Rights
Authors: Hirschmann Gisela 
Published: July 2020

Abstract
This chapter contains two case studies analyzing the evolution of pluralist accountability in response to the violation of the rights of detainees held in Kosovo by the Special Representative of the UN Secretary-General and the NATO-led military operation KFOR. The analysis reveals that while pluralist accountability evolved in the case of detentions by the UN Mission in Kosovo (UNMIK), it failed with regard to KFOR detentions. The competitive environment stimulated regional organizations to sharpen their profiles as external accountability holders, in both cases by establishing an Ombudsperson Institution and a Human Rights Advisory Panel. However, the difference in UNMIK’s and KFOR’s vulnerability with regard to human rights demands explains why pluralist accountability evolved only in the case of UNMIK.
Pluralist Accountability in Times of Economic Crisis
Authors: Hirschmann Gisela 
Published: July 2020

Abstract
This chapter analyzes the conditions for pluralist accountability in response to human rights violations that were attributed to the European Union (EU) Troika’s austerity policies that were implemented in Greece and Portugal between 2010 and 2015 in response to the global financial crisis. I demonstrate how competition between national and EU institutions, and between different EU institutions, led the Portuguese Constitutional Court and the European Parliament to develop distinguished profiles as accountability holders. Major differences existed as to the degree of vulnerability of the different Troika institutions to human rights demands: while the International Monetary Fund and European Central Bank rendered themselves immune against human rights demands, the European Commission was more vulnerable due to its broader mandate and the declining trust of the public in EU institutions’ capacity to address the crisis. This explains why a pluralist accountability framework was most active with regard to the European Commission.
Conclusion
Authors: Hirschmann Gisela 
Published: July 2020

Abstract
This chapter summarizes the main arguments, discusses the theoretical and practical implications of the findings, and outlines avenues for future research. Moreover, this chapter discusses the normative-theoretical implications of pluralist accountability for international organization legitimacy and demonstrates why pluralist accountability is not a panacea for the (re)legitimation of international organizations. This normative assessment proceeds in two steps. First, I argue that in the absence of vertical accountability in light of human rights violations in global governance, pluralist accountability is an important means of procedural control that restrains the exercise of authority. In a second step, I demonstrate the legitimacy-enhancing potential of pluralist accountability in comparison with vertical accountability. I evaluate pluralist accountability in terms of two criteria, namely, participation and transparency. The book concludes by pointing out potential limitations of pluralist accountability in terms of the danger of “multiple accountability disorder” and the degree of legalization.
Public-Private Partnerships in Sub-Saharan Africa
Authors: Leigland James 
Published: July 2020

Abstract
Expectations are high regarding the potential benefits of public–private partnerships (PPPs) for infrastructure development in poor countries. The development community, led by the G20, the United Nations, and others, expects PPPs to help with “transformational” megaprojects as well as efforts to achieve the Sustainable Development Goals (SDGs). But PPPs have been widely used only since the 1990s. The discussion of PPPs is still dominated by best-practice guidance, academic studies that focus on developed countries, or ideological criticism. Meanwhile, practitioners have quietly accumulated a large body of empirical evidence on PPP performance. The purpose of this book is to summarize and consolidate what this critical mass of evidence-based research says about PPPs in low-income countries (LICs) and thereby develop a more realistic perspective on the practical value of these mechanisms. The focus of the book is on Sub-Saharan Africa (SSA), home to most of the world’s poorest countries, although insights from other regions and more affluent developing countries are also included. Case studies of many of the best-known PPPs in Africa are used to illustrate these findings. This book demonstrates that PPPs have not met expectations in poor countries, and are only sustainable if many of the original defining characteristics of PPPs are changed. PPPs do have a small but meaningful role to play, but only if expectations remain modest and projects are subject to transparent evaluation and competition. Experiments with PPP mechanisms underway in some countries suggest ways in which PPPs may be evolving to better realize benefits in poor countries.
Introduction
Authors: Leigland James 
Published: July 2020

Abstract
Since the 1990s, the development community has recommended the use of public–private partnerships (PPPs) for improving infrastructure services in the poorest countries. The interest in PPPs is now stronger than ever because they are widely perceived to be critical to the achievement of Sustainable Development Goals (SDGs). But after three decades of experience, a powerful, evidence-based critique of PPPs in the poorest countries is emerging, largely from the practitioner-generated evidence on project performance. This critique is more measured than much of the ideologically based censure of PPPs by civil society groups over the previous two decades. But it highlights numerous cases where PPPs have not been successful. This chapter introduces this topic by explaining what PPPs are, how they work, and where they have been used since the early 1990s. The focus of this book is on Sub-Saharan Africa (SSA), but insights from other regions are also included.
The Performance of PPPs in Developing Countries
Authors: Leigland James 
Published: July 2020

Abstract
Precisely how have PPPs underperformed? This chapter reviews global evidence relating to: (i) how widely PPPs are actually used in developing countries; (ii) the commercial profitability associated with these projects; (iii) the costs and complexities of project preparation; (iv) the ability of such projects to generate private investment finance; (v) the pro-poor benefits of these projects; and (vi) the institutional and political problems that limit project success. In light of this evidence, how practical are recent efforts by international organizations to promote increases in the number and size of PPPs in developing countries. The G20’s recent advocacy of “transformational” PPPs as mechanisms for dealing effectively with infrastructure challenges in low-income countries is an example of this kind of PPP promotion.
The Rise and Fall of Brownfield Concessions
Authors: Leigland James 
Published: July 2020

Abstract
This chapter explains the fate of brownfield concessions. In the early 1990s, these public-private partnerships (PPPs) served briefly as the flagship of the global PPP movement, and were highly recommended by the development community as “privatization” solutions to many of the problems facing infrastructure utilities in low-income countries. These concessions involve the construction of new infrastructure assets to improve or extend existing facilities, but mostly focus on rehabilitation of existing assets. Theoretically, such projects should be relatively easy to do because risks associated with initial financing and construction are largely eliminated by the time a PPP contract is signed. But since the 1997 Asian crisis, relatively little investment has been generated by these projects. In the poorest countries, very few of these projects have been attempted and much of the related investment has actually come from governments or their development partners. What accounts for the rise and fall in popularity of brownfield concessions?
Case Study
Authors: Leigland James 
Published: July 2020

Abstract
This chapter presents a case study of the Nelspruit water concession completed in South Africa’s Mpumalanga Province in 1999. This is generally considered to be the third “classic” brownfield water concession in Sub-Saharan Africa (SSA), involving capital investment in system assets as well as commercial operation of the system by the private partner. The Nelspruit project exhibits most of the risks and shortcomings that helped account for the precipitous decline in private sector interest in such projects after the Asian financial crisis, as documented in Chapter 4. How did these risks and shortcomings materialize in Nelspruit? How were they dealt with and in what manner does the project continue to function after two decades? Why have there been no other prominent examples of similar “classic” water concessions in South Africa or in other SSA countries since 1999?
SSA’s IPP Policy Dilemma
Authors: Leigland James 
Published: July 2020

Abstract
This chapter focuses on independent power producer (IPP) projects, by far the most successful kind of public–private partnership (PPP) in the developing world. These projects generate more investment in developing countries than all other forms of PPP combined. However, the development community exhibits ambivalence towards independent power producer (IPP) projects. They are supposed to work best in power sectors that are being reformed, where user tariffs are cost reflective and off-taker utilities are creditworthy. Yet, in practice, many influential multilateral development banks (MDBs), development finance institutions (DFIs), and donors are encouraging the use of IPP projects virtually everywhere in the developing world, whether or not sector reforms are taking place. This reflects a policy dilemma: most low-income countries desperately need more generating capacity, but should the development of IPP projects be delayed until progress is made on broader sector reforms? How can these policy dilemmas be resolved? Who can make that happen?
The Future of PPPs in Low-Income Countries
Authors: Leigland James 
Published: July 2020

Abstract
While PPPs have not been as successful as expected, the various kinds of hybrid PPP project forms that have emerged may suggest ways in which PPPs can sustainably generate some value and meet some stakeholder expectations. These hybrids may indeed be successful, but in what ways do they represent significantly reduced expectations regarding the benefits of PPPs, as these projects were conceived in the 1990s? This chapter discusses what is perhaps the most dramatic compromise, the dominating role now played in most of these projects by subsidized or “blended” finance. Governments and their development partners pay for and manage most basic project preparation work, contribute to the capital costs of projects, and provide guarantees and other risk-mitigation mechanisms insisted on by private partners. How should blended finance like this be justified and managed to ensure against market distortion and wasted resources that could be used more productively elsewhere?
Introduction
Authors: Stahn Carsten 
Published: July 2020

Abstract
The ICTY is usually viewed as a relatively successful example of investigation and prosecution of international crimes. It was born in what many see now as a ‘heroic’ phase of international criminal justice. Throughout its almost two and half decades of existence, it faced many of the existential challenges of international criminal justice, such as selectivity, distance from crimes and victims, uncertainties regarding identity, efficiency and impact, and a complex interrelation with politics. The tribunal has addressed these challenges through constant transformation. It gradually portrayed its own legacy through the lens of dialogue. This contribution introduces main sites and themes of legacy. It shows that legacies derive not only from successes, but also from setbacks and failures.
The Moral Legacy of the ICTY
Authors: Soares Miguel de Serpa 
Published: July 2020

Abstract
The chapter sets the International Criminal Tribunal for the former Yugoslavia (ICTY) legacy into context from a broader UN perspective. It shows that ideas of morality and responsibility are fundamental to the establishment of the ICTY and a cornerstone of the ‘age of accountability’. The chapter argues that the ICTY had a pioneering role in shaping discourse on international justice and serious international crimes and institutional developments, ranging from the Special Court for Sierra Leone (SCSL) to the International, Impartial and Independent Mechanism (IIIM). It discusses four challenges that are fundamental to the development of an international accountability system: the financing of international criminal court and tribunals; the length of proceedings; the development of governance mechanisms; and the centrality of the role of victims. The chapter concludes that, in an ideal world, institutions such as the ICTY would not be needed. However, until such a time arrives, the legacy of the ICTY can provide important insights on building domestic capacity and guiding other international tribunals.
Legacies in the Making at the ICTY
Authors: Dittrich Viviane E. 
Published: July 2020

Abstract
Viviane Dittrich re-visits the institutional endeavour of leaving a legacy in light of completion, closure, and continuation. Her contribution explores how the proliferation of tribunal-driven legacy projects and efforts of documentation, memorialization, and legacy building has shaped and continues shaping the actual legacy process. The chapter shows that legacy formation is a continuous process, placing the social construction of legacies at the centre of the analysis. The chapter sets the approaches of the International Criminal Tribunal for the former Yugoslavia (ICTY) in perspective in relation to its Completion Strategy and the ongoing work of the International Residual Mechanism for Criminal Tribunals. In view of the impending closure of the Tribunal and the spectre of organizational death, the chapter discusses legacy building in terms of language, conceptualization, and institutionalization.
Judgments and Judgment Drafting
Authors: Pittman Thomas Wayde , Öberg Marko Divac 
Published: July 2020

Abstract
One of the legacies of the International Criminal Tribunal for the former Yugoslavia (ICTY) will be its many trial and appeal judgments with significant length. These are accompanied by a ‘reasoned opinion in writing’ which drastically varies in size. Those written reasoned opinions, also referred to as judgments, serve an important formal and tangible purpose. They are intergovernmental judicial decision-making records of judicially-determined factual and legal findings and conclusions concerning atrocities committed in the former Yugoslavia. Politically, they serve a less tangible, but no less important, purpose—as the Tribunal’s contribution to the restoration and maintenance of peace in the former Yugoslavia. Yet, for possessing such importance, little is known about how the judgments come into existence. Who drafts them and how and what are the stages? Who are the legal support staff involved? What determines structure, content, language, and style? How is an opinion ‘reasoned’? What has been the impact of ICTY judgments? This chapter seeks to answer these questions.
Muzzling the Press
Authors: Fino Audrey , Sahyouni Sandra 
Published: July 2020

Abstract
Chapter 16 deals with contempt cases against journalists. Restrictions on freedom of the press have been striking at international criminal tribunals, where violations of protective measures granted to, for example, witnesses have led to several landmark yet controversial prosecutions of journalists for contempt of court. This chapter examines these practices from a human rights law perspective, as part of the recognized exceptions to the principle of public trials. In doing so, it reviews the law and jurisprudence of international and hybrid tribunals, including the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Tribunal for Lebanon (STL), and the International Criminal Court (ICC). In addition, it surveys contempt of court, offences against the administration of justice, and the law on reporting restrictions in a number of common law and civil law domestic jurisdictions. It concludes that the right to freedom of the press in the context of international criminal trials is not absolute, and that limits ordered by international tribunals, despite the polemics they may cause, are actually fully in line with both human rights law and domestic legal trends.
The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia
Authors: Plevin Adrian 
Published: July 2020

Abstract
As the years since the conflict occurred continue to pass and a generation not born into conflict comes of age, youth outreach in the region of the former Yugoslavia became an area worthy of focused attention. Outreach proved increasingly important for maintaining the relationship between the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the region of the former Yugoslavia in the final years of the ICTY’s mandate. Also of particular importance is the need to consider the future strategies for youth outreach in the region. This chapter examines the development of youth outreach programming. It explores its significance and examines possible initiatives for future youth outreach as a tool for supporting wider peace-building initiatives; with the hope that the youth will be the future custodians of the ICTY’s legacy.
When Justice is Done
Authors: Wijk Joris van , Holá Barbora 
Published: July 2020

Abstract
Until 2017 the International Criminal Tribunal for the former Yugoslavia (ICTY) has acquitted eighteen and convicted eighty-two individuals, of whom the vast majority have been given determinate sentences. It was the first tribunal to experiment with establishing sentencing agreements with States in order to enforce these sentences and to develop and adopt early release procedures. This chapter presents an overview of the post-trial dilemmas that the ICTY and enforcement States have faced. Special attention is given to the phase of designating an enforcement State, prison of international prisoners, factors that justify their (early) release, and what happens to the individuals after their release or following their acquittal. The data presented are based on an analysis of case law, academic literature, and interviews with stakeholders at the ICTY, enforcement States as well as in the former Yugoslavia. The findings are contrasted with post-conviction practices at other international tribunals, assessing ICTY’s legacy when it comes to post-conviction issues.
Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law
Authors: Dawson Tatjana , Hellman Ljiljana 
Published: July 2020

Abstract
Tatjana Dawson and Ljiljana Hellman examine the cooperation between the Republic of Serbia and the International Criminal Tribunal for the former Yugoslavia (ICTY) by Serbian authorities. The chapter discusses the Completion Strategy of the ICTY and how this triggered cooperation in many areas. These areas included cooperation for the reform of Serbian national law, the transfer of cases indicted or investigated by the ICTY, mutual legal assistance in the region of the former Yugoslavia, capacity building projects, and access to confidential ICTY records. The chapter provides an overview of cases of International Humanitarian Law (IHL) violations that Serbia has prosecuted to date. It highlights some of the obstacles that Serbian legal professionals face when bringing these war crimes cases to trial.
The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina
Authors: Trbovc Jovana Mihajlović 
Published: July 2020

Abstract
This chapter tackles relations between facts established at the Tribunal and acknowledgement of these in the public domain of post-war Bosnia and Herzegovina (BiH), where three ethnically defined and mutually contesting interpretations dominate the public forum. Examining how this problem unfolds, this chapter follows the development of the public memory about the war. It intersects with the relevant International Criminal Tribunal for the former Yugoslavia (ICTY) jurisprudence, aiming to detect potential changes in the dominant narrative. It analyses public debates whether the war was a product of Serbian aggression or a civil war within Bosnia; whether ‘ethnic cleansing’ was pre-planned by the Serbian side or an inevitable consequence of the war (examined through the Prijedor case); whether genocide was the overall aim of the Serbian side or whether it took place only in Srebrenica; and whether the Croatian side was a defender of, or aggressor in BiH (examined through the Ahmići case).
The Values of International Human Rights Law
Authors: Raible Lea 
Published: July 2020

Abstract
This chapter addresses two crucial issues extraterritoriality presents—particularly when socioeconomic rights are taken into account. In order to identify extraterritorial human rights obligations we need to know why states are the primary duty bearers of international human rights law and which state owes international legal human rights obligations to which individuals. That is, we need to allocate the burdens that go along with human rights obligations and we need to justify this allocation. To do this, this chapter considers the Hohfeldian structure of rights, analyses accounts of justifying human rights, and argues that an interpretivist account of international human rights law as a normative context is the best way forward.