The Balkans on Trial: Justice vs. Realpolitik

ISBN-13: 9780415638708 / Angielski / Twarda / 2019 / 326 str.

Carole Anne Hodge

Opis

The International Criminal Tribunal for former Yugoslavia (ICTY) was founded through the UN Security Council in the background of the Bosnian war with the declared aim of bringing a measure of justice to the victims, deterring further atrocities, and contributing to restoring peace and reconciliation in the region.

As the work of the ICTY nears its completion date, this book assesses its legacy and examines the conflicting intersection of law and politics in the search for justice, both thematically and through close analysis of some of the major trials. It also analyses the related case brought against Serbia and Montenegro by Bosnia and Herzegovina at the International Court of Justice (ICJ), as well as the Ganic case in London where the ICTY and ICJ findings were challenged. The book addresses the following questions:

• To what extent the political climate in which the ICTY was conceived, and continues to operate, has affected the declared aims of its founders.
• Have political considerations and political correctness, and the perceived need for political stability and democratic transition, at times proved an obstacle to the administration of justice?
• Are some of the acknowledged failings of international policy in the 1990s finding some resonance in more recent court proceedings?

This highly relevant and comprehensive book will be of interest to students and scholars of political science, international relations, transitional justice, Balkan area studies, human rights law, international criminal and peace and conflict studies.

Spis treści

1. Genesis of the Tribunal  2. Teething Problems  3. Srebrenica: A Catalyst for Change?  4. Post Dayton: Genocide and Impunity  5. Kosovo Indictments and Sentencing: An Exercise in Equalisation?  6. Self-Representation: Balancing the Rights  7. The Seselj Trial: A Miscarriage of Justice?  8. The ICJ Judgement in Bosnia & Herzegovina v. Serbia and Montenegro  9. Insider Critics: The Cases of Florence Hartmann and Frederik Harhoff  10. The Ganic Case and Serbia's Law Courts  11. Crimes and Punishment: Indictments and Sentencing at the ICTY  12. The Top of the Pyramid: Karadzic, Mladic, Genocide & The Western Role.  Conclusion

O autorze

Carole Hodge is a former Research Fellow and Head of Research and Study at the South-East European Research Unit at the University of Glasgow, UK.