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Home arrow Law arrow United States law and policy on transitional justice : principles, politics, and pragmatics
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II. Transitional Justice Options Seriously Considered and Actually Implemented for Alleged Balkan Atrocity Perpetrators

As with the IMT and the IMTFE after WWII, the ICTY was one of only several transitional justice options seriously considered and actually implemented for addressing individuals suspected of committing atrocities in the Balkans. As discussed in this Part, the USG also may have offered conditional amnesty to—and certainly did, at least temporarily, implicitly extend unconditional amnesty to—individuals not only suspected but also indicted by the ICTY for perpetrating some of the worst atrocities in the Balkans. As a result, the USG violated political and legal obligations it voluntarily assumed less than a decade earlier under the Genocide Convention to punish genocide perpetrators, and specifically to do so through a prosecutorial mechanism. Figure 6.1 shows the general transitional justice options the USG supported for addressing alleged Balkan atrocity perpetrators, whereas Figure 6.2 displays the specific prosecutorial transitional justice options the USG supported in this case.

U.S. Government Transitional Justice Options Tree for Suspected Balkan Atrocity Perpetrators—General

figure 6.1 U.S. Government Transitional Justice Options Tree for Suspected Balkan Atrocity PerpetratorsGeneral.

U.S. Government Transitional Justice Options Tree for Suspected Balkan Atrocity Perpetrators—Prosecution

figure 6.2 U.S. Government Transitional Justice Options Tree for Suspected Balkan Atrocity Perpetrators—Prosecution.

 
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