Some kind of justice : the ICTY's impact in Bosnia and Serbia / Diane Orentlicher.

Format:

Book

Author/Creator:

Orentlicher, Diane, author.

Language:

English

Subjects (All):

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.

War crime trials--Yugoslavia.

War crime trials.

Yugoslavia.

War crime trials--Serbia.

War crime trials--Bosnia and Herzegovina.

Bosnia and Herzegovina.

Serbia.

Physical Description:

xviii, 476 pages : charts ; 25 cm

Place of Publication:

New York, NY : Oxford University Press, 2018.

Summary:

Through an in-depth case study, Some Kind of Justice offers fresh insights about two questions now the subject of robust debate: What goals can we plausibly assign to international criminal tribunals? What factors determine the impact of distant courts on societies that have seen vicious violence? The book offers a timely and original account of how an international war crimes tribunal affects local communities and the factors that shape its changing impact over time. It explores the influence of the International Criminal Tribunal for the former Yugoslavia (ICTY), launched in 1993 by the UN Security Council at the height of ethnic conflict accompanying the breakup of Yugoslavia, in two countries directly affected by its work. One, Bosnia-Herzegovina, experienced soaring levels of ethnic violence, culminating in the 1995 genocide in Srebrenica. The wartime government of the other country, Serbia, plunged the region into conflict. Operating until the end of 2017, the ICTY is the longest-running war crimes tribunal in history. Its record thus offers an incomparably rich case study of how a Nuremberg-inspired tribunal influences societies emerging from ruinous violence. Book jacket.

Contents:

Taking Its Shafrom the Shore It Meets 3

Benchmarks for Assessing Impact 4

Assessing Impact: Recurring Questions 6

Satisfying and Disappointing the Expectations of Victims 8

Social Transformation: Dispelling Denial and Fostering Acknowledgment 9

Catalyzing Domestic Prosecutions 10

Part 1 The Landscaof Justice: Overview of the ICTY's Relationship with Bosnia and Serbia

2 Forged in War: Bosnia's Relationship with the ICTY 15

I Creating a Court in the Crucible of War 16

A Reactions to the Council's Action 20

B The Wartime Court: Early Indictments of Low-Level Perpetrators 27

C Justice and Peace: Preventing Amnesty at Dayton 31

II The Aftermath of War 34

A IFOR's Policy of Avoidance 34

B The OTP Forces NATO's Hand 41

III Postwar Political Context: Dayton's Legacy 45

A Architecture of Division and Dysfunction 45

1 Ethnic Entities 47

2 Entity Voting and Minority Veto 48

3 The High Representative 49

3 Coerced Cooperation: Serbia's Relationship with the ICTY 59

I Defiance during the Milosevic Years 61

II Conflicted Cooperation: The Kostunica-Dindic Government (2000-2003) 63

III The Aftermath of the Dindic Assassination 71

IV The Carrot of European Integration 75

Part 2 Measuring ICTY Success: Local Perspectives

4 Some Kind of Justice: Bosnian Expectations of the ICTY 91

I "Justice Is Important for Its Own Sake" 94

II "We Are Here to Say It's Not Good to Do That" 97

III Establishing the Truth and Dispelling Denial 99

A Dispelling Serb Denial 99

B Fostering Acknowledgment by Each Ethnic Group 102

IV Reconciliation 103

V Bearing Witness 107

VI Preventing Future Crimes 107

VII Removing War Criminals 110

VIII Catalyzing Justice at Home 110

5 Dealing with the Past: Serbian Perspectives on ICTY Success 113

I Ensuring Prosecution of Atrocious Crimes; Dispelling Impunity 114

II Removing War Criminals 116

III Dealing with the Past 118

IV Reconciliation 121

V Strengthening the Rule of Law by Catalyzing Domestic War Crimes Prosecutions 123

Part 3 The Quality of Victims' Justice

6 The Quality of Justice: Bosnian Assessments 127

I Broad Patterns in Bosnian Assessments of the ICTY 129

A Overall Decline in Positive Assessments 129

B Ethnic Divisions in Overall Assessments of the Tribunal 130

II The Quality of Justice 134

A Sentencing Practices 134

1 Sentence Lengths 134

2 Apparent Inconsistency in Sentencing 141

3 Plea Agreements/Confessions 142

a Drazen Erdemovic 143

b Biljana Plavsic 145

c Other Confessions 149

B Length and Complexity of ICTY Proceedings 153

1 The Trial without End: Slobodan Milosevic 154

2 The Heavy Weight of Lengthening Time 157

C The Collateral Damage of Self-Representation 159

D The Unindicted 163

E Removing Dangerous Individuals 164

F Symbolically Resonant Judgments 165

1 Calling a Massacre by Its Proper Name 165

2 Absence of Genocide Convictions outside the Context of Srebrenica 167

3 Gender Jurisprudence 170

G Beyond Individual Judgments 172

H Bearing Witness 173

I "This Is a Political Court" 175

1 Nondisclosure of Evidence in the Milosevic Case 175

2 Controversial Acquittals 178

a Gotovina and Haradinaj Acquittals 179

b "Specific Direction" 182

c Trial Chamber's Acquittal of Vojislavseselj 188

Part 4 Impact on Acknowledgment

7 Denial and Acknowledgment in Serbia 193

I Serbian Citizens' Awareness and Acknowledgment of Crimes Committed by Serbs and the Role of Serbian Institutions 195

A What Might We Expect Serbian Citizens to Know and Acknowledge? 195

B Awareness of War Crimes as Reflected in Surveys 198

C Resistance to Reports of Serb Atrocities 207

II Accounting for Persistently High Levels of Denial 208

A Serbian Perspectives 208

1 Knowing/Not Knowing 208

2 Time, Memory, and Context 210

3 Sources of Information about Wartime Conduct: Official and Elite Discourses 216

4 Vilifying the Hague Tribunal 220

5 Other Sources of Information about War Crimes 225

B Social Science Perspectives 226

1 Impact of Official Narratives: Heuristics and Framing 227

2 Motivated Reasoning and Social Identity 229

3 Dissonance 231

4 Belief Perseverance/Confirmation Biases 233

5 A Tipping Point: When Does New Information Change Minds? 235

III Is There Less Denial and Greater Acknowledgment than There Would Have Been without the ICTY? 236

A Growing Acceptance of Facts concerning Serb Atrocities 237

B Regression ¿? 239

IV Official Acknowledgment 244

A Early Post-Milosevic Years 245

B Apologies by Subsequent Serbian Governments 246

C The Parliamentary Declaration on Srebrenica 250

D Acknowledgment by "Reformed" Nationalists 251

V A Foundation for Future Acknowledgment? 256

8 Living in Compulsory Denial (Bosnia) 259

I Bosnian Citizens' Acceptance of Fundamental Facts of Wartime Atrocities 260

A What Should Bosnians Know, Say They Know, and Condemn? 260

B Awareness of War Crimes as Reflected in Surveys 263

1 Overview of Survey Results: Ethnic Cleavages 264

C Encounters with Denial and Acknowledgment 270

1 Serb Citizens 270

2 Bosniak Citizens 274

3 Croat Citizens 276

II Accounting for Denialism 279

A Motivated Reasoning, Social Identity, and Historical Memory 279

B Belief Perseverance: Confirmation Biases 281

C Community Pressure and Fear of Speaking Out 282

D Elite Discourses, the Incentives that ShaTheir Content, and Their Impact on Acknowledgment 284

1 Key Themes of Dominant Discourses and Their Resonance for Target Audiences 286

2 Elite Motivations 290

E A "Hostile Environment" for Acknowledgment 291

F The Distinct Effects of Ethnic Division 293

G Absence of Local Truth Commissions? 296

III ICTY Impact on Official Acknowledgment 297

A Acknowledgment by Serb Leaders and Institutions 297

B Acknowledgment by Leaders of Other Ethnic Groups 306

IV Communicating with Regional Communities 308

A A Remote Court 308

B Bridging the Gap 311

C Reaching Youth 314

D Communicate What? 315

V A Foundation for Future Acknowledgment? 316

Part 5 Catalyzing Domestic Prosecutions

9 War Crimes Prosecutions in Bosnia-Herzegovina 323

I The ICTY's Evolving Relationship with Bosnian Courts 324

A Primacy 324

B Supervision and Restraint 328

C Creating a Partner 334

1 Impetus for Change: The ICTY's Exit Strategy 334

2 Joint Planning for the Future War Crimes Chamber 336

3 Bosnian Engagement in Launching the War Crimes Institutions; Local Reactions 341

II The ICTY's Imprint on Bosnia's War Crimes Institutions 344

A Impact on the BWCC's Independence, Impartiality, and Adherence to Fair Process 344

1 Monitoring Cases Transferred from the ICTY to the BWCC 344

2 Enhancing Judicial Independence and Perceptions of Impartiality through Hybridity 347

B Impact on Prosecutions: Transfer of Evidence 353

1 11bis Cases 354

2 Evidence-Sharing in Category II and Other Cases 355

3 Expanding Access to ICTY Archives and Witnesses 356

C Processing Category II Cases: Renewed Oversight by the OTP 359

D Capacity-Building Initiatives 365

1 Visiting Young Professionals 366

2 Capacity-Building through the Participation of International Judges 367

3 Capacity-Building through the Participation of International Prosecutors 369

E Impact through Case Law 370

1 Prosecuting Sexual Violence Crimes 370

2 Maktouf-Damjanovic: A Cautionary Tale 373

III Strengthening Domestic Partners: The Question of Timing 376

A Launching State-Level Institutions 377

B Completing the Completion Strategy 380

10 War Crimes Prosecutions in Serbia 383

I War Crimes Prosecutions in Serbia before 2003 384

A The Milosevic Era 384

B Early Post-Milosevic Era Prosecutions 386

II Serbia's War Crimes Institutions 387

A The ICTY's Role in the Establishment of Serbia's War Crimes Institutions 388

B From International to Transitional Justice ¿? 393

C The ICTY's Impact on the Operation of the SWCC and OWCP 395

1 Hague Evidence in Serbian Cases 395

a 11bis and Category II Transfers 395

b Remote Access to OTP Databases and Requests for Assistance 398

c Liaison Prosecutors Program 400

2 Sharing "Know How" 401

a Modeling Procedures 402

b Capacity-Building: Training and Exchange Programs 404

c Capacity-Building: Visiting Young Professionals 405

III Progress and Constraints 406

A Professionalism of Judges 407

B Prosecution Rates 409

C Ranks of Indictees; Political Pressure on the OWCP 412

D Judicialization of Denial: Obscuring Links between Crimes and the State 418

E Regional Reverberations 419

Part 6 Concluding Observations: Looking Ahead

11 The Afterlife of a Tribunal 429

I Postwar Germany: Transitional Denial 432

II Delayed Norm Diffusion? 439.

Notes:

Includes bibliographical references (pages [443]-460) and index.

ISBN:

9780190882273

0190882271

OCLC:

1006521311