ISBN: 978-1-92291-348-7

Morten Bergsmo

Centre for International Law and Research (CILRAP)

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International criminal justice has emerged as a significant feature of multilateralism and international organisations since 1994, at one stage employing as many as 4,000 persons (compared to, for example, the UNHQ’s 6,500 in 2022). The development of the field has been practice-led, with normative or doctrinal research only catching up in the last decade. A still fledgling sociology of international criminal justice has suffered from limited sources on the actual behaviour of international criminal courts. This book offers a unique insider’s perspective on the first, golden decade (1994–2004) of the prosecution service of the ex-Yugoslavia Tribunal (ICTY). Its founder and Deputy Prosecutor, Graham T Blewitt, provides a wealth of hitherto internal and to a large extent confidential information. A likeable representative of the Australian criminal investigation culture, the author built what is widely considered the most successful international criminal justice agency since the International Military Tribunal at Nuremberg. His critique of Carla Del Ponte, the third ICTY Chief Prosecutor and former Attorney General of Switzerland, fails to articulate the actual reasons behind her reservations when she inherited an office where 85% of managers and more than 50% of the staff lawyers came from four Anglosphere countries: the United States, United Kingdom, Canada and, prominently, Australia. A failure to recognize and mitigate the fault line between Civil Law and Common Law constituencies in international criminal justice can paralyse work-processes and leadership. But apart from this and some glaring omissions in acknowledging contributions by key members of his office, Blewitt’s account provides new material for our understanding of how power is wielded in and through international criminal justice.