ABSTRACT

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.

chapter |4 pages

Introduction

chapter 1|25 pages

Genesis of the tribunal

chapter 2|21 pages

Teething problems

chapter 3|17 pages

Srebrenica

A catalyst for change?

chapter 4|28 pages

Post Dayton

Genocide and impunity

chapter 5|33 pages

Kosovo indictments and sentencing

An exercise in equalization?

chapter 6|22 pages

Self-representation

Balancing the rights

chapter 7|30 pages

The Šešelj trial

A miscarriage of justice?

chapter 9|21 pages

Insider critics

The cases of Florence Hartmann and Frederik Harhoff

chapter 10|19 pages

The Ganic case and Serbia’s law courts

chapter 11|25 pages

Crimes and punishment

Indictments and sentencing at the ICTY

chapter 12|24 pages

The top of the pyramid

Karadzic, Mladic, genocide and the western role

chapter |6 pages

Conclusion

chapter |3 pages

Afterword