Rövid leírás:
In Reclaiming Justice: The International Tribunal for the Former Yugoslavia and Local Courts, Sanja Kutnjak Ivkovich and John Hagan ask crucial questions about international justice in a systematic and comprehensive manner, looking into the International Criminal Tribunal for the Former Yugoslavia’s legality and judicial independence, as well as into specific issues of substantive and procedural justice and collective and individual responsibility. 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.
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Hosszú leírás:
For the first time in legal history, an indictment was filed against an acting head of state, Slobodan Milosevic, for crimes that Milosevic allegedly committed while he was in office. Seeking to change the concept of ethnic cleansing from a rationalizing euphemism to an incriminating metaphor, the International Criminal Tribunal for the Former Yugoslavia (ICTY) set precedents and expanded the boundaries of international criminal and humanitarian law. In Reclaiming Justice, Sanja Kutnjak Ivkovich and John Hagan add to prior literature about the ICTY by providing a comprehensive view of how people from Bosnia and Herzegovina, Croatia, Kosovo, and Serbia view and evaluate the ICTY. Kutnjak Ivkovich and Hagan ask crucial questions about international justice in a systematic and comprehensive manner, looking into the ICTY’s legality and judicial independence, as well as specific issues of substantive and procedural justice and collective and individual responsibility. 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.
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. The authors analysis of the local response ? based on survey data and their social science wisdom ? are relevant for other contexts. This is a remarkable contribution to understanding how a society unravels and how the international community responds.
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Tartalomjegyzék:
Ch. 1: Studying the ICTY
Chapter 2: The ICTY, Its Constituency, and the Politics: The Battle for Hearts and Minds
Chapter 3: Ethnicity and the Legitimacy of the ICTY
Ch. 4: Individual and Collective Responsibility: Structural Pre-Conditionality, Smoking Gun Evidence, and Collective Responsibility
Ch. 5: Distributive and Procedural Justice
Ch. 6: Reclaiming Justice: The Ideal and the Reality
