The Laws of Memory: The ICTY, the Archive, and Transitional Justice

The International Criminal Tribunal for the former Yugoslavia (ICTY) has generated massive archival holdings. With the ICTY’s impending closure, the archive has become part of broader debates regarding its legacy for the former Yugoslavia. In particular, the memorial function of this archive has now become highly contentious. This article uses the example of the ICTY archive to explore the relationship between law and memory in post-conflict transition. It argues that this “legal archive” functions as a mnemonic system that produces “legal memory” through its juridical, international, and transitional structure.