The Balkans on Trial Justice vs. Realpolitik
This book assesses the International Criminal Tribunal for former Yugoslavia’s (ICTY) 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 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.
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