ABSTRACT
This chapter discusses the International Criminal Tribunal for the former Yugoslavia's (ICTY) intention to promote reconciliation through punitive justice; the challenges faced by the Tribunal in aiming at such an ambitious objective; and, the delicate balancing act that the promotion of reconciliation through punitive justice requires. It feeds into the debate of how to balance the rights of the different stakeholders in international criminal justice and links this to discussion concerning how to achieve both the micro and macro level objectives of international criminal courts and tribunals. Rather than being a stocktaking exercise on the ICTY, the chapter aims to contribute to the larger debate on how international criminal justice can balance the rights of victims and defendants, using the ICTY as an example for other international courts and tribunals. It suggests one solution – attempting to promote the macro level objective by focusing on a micro level objective: rehabilitation.
