e-book Reclaiming Justice: The International Tribunal for the Former Yugoslavia and Local Courts

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The judgment also served as a litmus test to see the preparedness of the countries to deal with past crimes. By analyzing the statements of Croatian and Serbian high state officials after the ruling, we can see that both sides interpreted the ruling as they saw fit for their domestic purposes. These statements clearly show that, as until now, local politicians on both sides keep instrumentalizing and misusing international justice verdicts for their local purposes. Therefore, the judgment contests the mainstream official narratives in both countries and the relativization of crimes committed by own nationals.

To see the significance of the judgment in establishing that neither side has committed genocide, we should think of what would have happened otherwise. First of all, the winning party would have the right to seek reparations from the losing party. This would imply significant economic costs for the losing party both countries are in a deep economic crisis and it would further deepen the lack of trust between the two countries.

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The winning party would carry home the status of the greatest victim of atrocious crimes which would greatly serve the domestic narrative. This scenario would definitely not contribute to stability and future reconciliation. On the other hand, Orentlicher emphasizes the positive effect of removing reactionary forces from the political scene and thus indirectly contributing to democratic consolidation. Croatia and Serbia cooperated with the ICTY by extraditing their nationals to the Tribunal instrumentally and pragmatically under the European Union conditionality policy.

Women’s Participation in the International Criminal Tribunal for the Former Yugoslavia (ICTY)

If we leave this task to truly independent and functional judiciaries in both countries, the political relations will be unburdened, and Croatia and Serbia can work on improvement of their relations in other fields. The specificity of transitional justice efforts in Croatia and Serbia lies in the fact that after the war ended the victims and the perpetrators stayed on the other side of the border.

Unlike other major transitional justice projects where truth, justice, and reconciliation were considered necessary for preserving national unity and building a future together with former political enemies, in this case the major incentive of living together is practically absent. This narrative, embedded in two parliamentary declarations Declaration on Homeland War and Declaration on Operation Storm , is supported even by the liberal forces, because they do not want to lose votes.

And it also sent clear political messages to Croatia and Serbia: that it is time that they start cooperating to settle the fate of missing persons paragraph and that they have the obligation of consolidating peace and stability in the region paragraph With the nationalist right-wing party in power in Serbia and the new Croatian President also coming from nationalist right wing HDZ and most probably the same party will win the parliamentary elections this year , apparently the prospects for confidence-building measures are not good.

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But the last fifteen years in the Balkans have shown that right-wing political parties have turned out to be more operative. We will soon see whether the relations will improve. Thank you for your interest You will be notified when this product will be in stock. I agree to the.


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Dominika Svarc (Appeals Counsel, International Tribunal for the Former Yugoslavia)

Easy Return Policy. Help Center Got a question? Kutnjak Ivkovich and Hagan provide an in-depth analysis of perceptions about the ICTY, the subsequent work of its local courts, and decisions reached by the local courts. They also examine the relationship between the views of the ICTY and ethnicity, a particularly relevant notion because the war was fought largely along ethnic lines.

Review "Required reading for anyone interested in the horrific crimes against humanity committed in the Former Yugoslavia, and the international response to it, namely the International Criminal Tribunal for the former Yugoslavia.

They bring to life the ambiguous voices of victimhood and guilt embedded in the landscapes of defense and defeat, and overshadowed by politics. This book is indispensable reading for all who care deeply about the future of international criminal justice.