chapter  7
26 Pages

Restorative justice, reconciliation and resolution

The previous chapter explored the liberal and realist dilemmas inherent in the

processes of efforts to bring about a lasting peace by the identification of ‘guilty’

parties, the definition of the ‘truth’ and the attempted laying to rest of old ghosts

in what can be described as a ‘legalistic’ approach aimed at a retributive justice

through War Crimes Tribunals (WCTs). The aim of these tribunals has always

been to punish the guilty. However, they have also been presented as being about

bringing reconciliation between the community from which the perpetrators of

the crime came and those who were wronged. But as we have seen the imposi-

tion of what is often called victors’ justice means that all externally imposed tri-

bunals are nearly always looked at with suspicion. To extract Milosevic from

Serbia and try him in The Hague may look like a good way of showing inter-

national approbation for the process of punishment and reconciliation, but it can

have the opposite effect. Milosevic is now seen as having stood up to his accusers

‘like a true Serb’.