oa Chapter Four: The ICTY archives

This chapter examines the formation, composition, and management of the Tribunal’s archives over the past decades, highlighting long-term risks associated with ensuring their sustainable accessibility. One section focuses on the Churchillplein building in The Hague, exploring its role in the creation, utilization, and stewardship of the archives. Together, the building and the archives constitute a ‘living archive’—a physical and symbolic space where testimonies were delivered, justice was administered, and collective memory is preserved. The archives serve not only as repositories of historical records but also as enduring symbols of hope and justice for the future. While their legal significance is paramount, the chapter emphasizes their broader value and meaning for various stakeholders, including victims, educators, and those engaged in transitional justice processes.

Since the Tribunal’s inception, there has been a widely held belief that the ICTY archives are crucial instruments in preventing the denial of committed crimes. However, recent scholarly discourse suggests that these archives do not represent an unequivocal or singular truth. Instead, they comprise fragments that illuminate different facets of complex realities. A significant portion of the archives consists of materials collected by prosecutors as potential evidence for trials. The prosecutorial decisions—determining which cases to pursue and which to omit—have fundamentally shaped the content of the ICTY archives. The Tribunal’s mandate to investigate and adjudicate crimes within a legal framework has inherently influenced both the substance and organization of the archival records. While there is a consensus on the archives’ potential to transcend their legal origins, realizing this broader significance necessitates deliberate choices. Ensuring that the archives fulfill roles beyond legal documentation—particularly in serving victims and their descendants—requires intentional efforts to make them accessible and meaningful to diverse audiences