An interview with Gabrielle Kirk McDonald, ICTY Judge (1993-1999) and President (1997-1999), for the Ad Hoc Tribunals Oral History Project

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dc.description.abstract A transcript of an interview with Gabrielle Kirk McDonald by Leigh Swigart and David P. Briand. The interview took place on July 15, 2015 in East Hampton, NY, USA, and the transcript, which is represented here, has been reviewed and edited from the original audio version. During the interview, McDonald reminisces on work with the first ICTY president, Antonio Cassese; contention among judges around trials in absentia and sexual violence; changes to Tribunal's original rules; Tadić trial; differing opinions around hearsay evidence; decisions made as presiding judge at the Tadić trial; deciding on the configuration of the first courtroom; personal impact on judges of hearing painful testimony; mutual support among judges sitting on the Tadić trial; the atmosphere of enthusiasm in the early years of the ICTY; friction between chambers and the Office of the Prosecutor; concern about early indictments not including charges of sexual violence; impressions from first trip to Rwanda and genocide sites; different qualities of infrastructure between ICTY and ICTR, and disagreement around release of ICTR accused Jean Bosco Barayagwiza. McDonald also discusses relation of former civil rights work to ICTY mission; development of the ICTY Rules of Procedure and Evidence, especially as they relate to trials in absentia and sexual violence; central place of US Federal Rules of Criminal Procedure in the development of ICTY Rule; debate around the possibility of allowing trials in absentia; how discussions took place between English and French speakers; role of submissions by women's groups in developing rules concerning sexual violence; civil and common law influences on ICTY rules; importance of contact between the ICTY and The Balkans for tribunal's legitimacy; the testimony of "Witness L" in the Tadić trial ; pressures and responsibilities of being the ICTY president; language challenges for judges who did not speak French, and development of an outreach program. en
dc.description.sponsorship International Center for Ethics, Justice and Public Life en
dc.format.extent 63 p. + index en
dc.format.medium Text en
dc.language English en
dc.relation.ispartof en
dc.relation.ispartofseries The Ad Hoc Tribunals Oral History Project en
dc.rights Copyright restrictions may apply. For permission to copy or use this image, contact the Robert D. Farber University Archives and Special Collections Department, Brandeis University Libraries en
dc.subject.lcsh International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. en
dc.subject.lcsh International Criminal Tribunal for Rwanda. en
dc.subject.lcsh Cassese, Antonio. en
dc.subject.lcsh Tadić, Dušan -- Trials, litigation, etc. en
dc.subject.lcsh Genocide -- Rwanda. en
dc.subject.lcsh Barayagwiza, Jean-Bosco -- Trials, litigation, etc. en
dc.subject.lcsh Humanitarian law. en
dc.title An interview with Gabrielle Kirk McDonald, ICTY Judge (1993-1999) and President (1997-1999), for the Ad Hoc Tribunals Oral History Project en
dc.contributor.interviewee McDonald, Gabrielle Kirk en
dc.contributor.interviewer Swigart, Leigh en
dc.contributor.interviewer Briand, David P. en

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