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Prosecuting Slobodan Milošević
This book offers a comprehensive analysis of the trial of former Serbian leader Slobodan Milošević at the International Criminal Tribunal for the former Yugoslavia (ICTY). With the premature death of Milošević in March 2006 his trial was left unfinished. Although the traditional objectives of criminal law, such as retribution, justice for victims, and deterrence, were not achieved, the Milošević trial archive is a significant historical resource for researchers from various fields. This book extracts details from the collection of documentary and transcript evidence that makes up the trial record – sources which would be almost impossible to extricate without an insider’s guiding h...
Opposing Colonialism, Antisemitism, and Turbo-Nationalism
This volume gathers together reflections on racism and nationalism, empowerment and futurity. It focuses on collective amnesia in regards to traumatic events of the European past and the ways in which memory and history are presented for the future. The essays cover and oppose the seemingly disparate genocides committed during Belgian colonialism, Austrian antisemitism and turbo-nationalism in “Republika Srpska” (Bosnia and Herzegovina), implying by no means a homogenization of the experiences. What connects these historical situations is the fact that, despite available documents, to this very day, nation-states are built on practices of oblivion regarding their past. This volume is indispensable for theoreticians, philosophers, and historians, as well as the general public. It expresses the demand to critically question our inherited knowledge and to rethink the past for a new future of conviviality.
Kosovo and Transitional Justice
This book analyses efforts to achieve justice in Kosovo for victims of crimes committed during the conflict in the 1990s, relating this to broader debates on transitional justice. The war in Kosovo has come under the jurisdiction of a number of mechanisms which fit within the broader framework of transitional justice. These include international tribunals (the ICTY), international organisations with judicial mandates within Kosovo (UNMIK and EULEX), ad-hoc hybrid tribunals (the Kosovo Specialist Chambers) and truth-seeking mechanisms (RECOM and the Truth and Reconciliation Commission). Collectively, these developments make Kosovo a profoundly important case study on the contemporary efficacy...
Prosecuting Slobodan Milošević
This book offers a comprehensive analysis of the trial of former Serbian leader Slobodan Milošević at the International Criminal Tribunal for the former Yugoslavia (ICTY). With the premature death of Milošević in March 2006 his trial was left unfinished. Although the traditional objectives of criminal law, such as retribution, justice for victims, and deterrence, were not achieved, the Milošević trial archive is a significant historical resource for researchers from various fields. This book extracts details from the collection of documentary and transcript evidence that makes up the trial record – sources which would be almost impossible to extricate without an insider’s guiding h...
Arcs of Global Justice
M. Cherif Bassiouni / Human rights and international criminal justice in the twenty first century : the end of the post-WWII phase and the beginning of an uncertain new era -- Thomas A. Cromwell and Bruno Gélinas-Faucher, William Schabas / The Canadian Charter of rights and freedoms, and international human rights law -- Emmanuel Decaux / The International Convention on the Protection of All Persons from Enforced Disappearance, as a victim-oriented treaty --Kathleen Cavanaugh and Joshua Castellino / The politics of sectarianism and its reflection in questions of international law & state formation in The Middle East -- Sandra L. Babcock / International law and the death penalty : a toothles...
Stories of Traumatic Pasts
Belgischer Kolonialismus im Kongo, Antisemitismus in Österreich, Turbo-Nationalismus im ehemaligen Jugoslawien – diese drei historischen Stränge von Gewalt und Vernichtung erzwangen und stützten einen Prozess des Vergessens, der bis heute eine Aufarbeitung der durch sie verursachten Genozide verhindert. Heute droht eine unfreiwillige oder ausgeübte Amnesie all das zu zerstören, was bereits in Hinblick auf ein mögliches Zusammenleben erreicht wurde. Der Ausstellungskatalog geht zu diesen traumatischen Ereignissen der Geschichte sowie der jüngsten Vergangenheit mit ihrer zerstörerischen Wirkung auf Gemeinschaften und Völker, Staaten und Territorien zurück und stellen sie einem System von Interventionen gegenüber. Die nach Gräueltaten zurückbleibenden Narben sind zwar oft versteckt und ausgelöscht, lassen sich aber durch künstlerische, wissenschaftliche und politische Reflexionen zurückholen.
Some Kind of Justice
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 the International Criminal Tribunal for the former Yugoslavia (ICTY) affected local communities, and the factors that shape its changing impact over time.
Serbian Paramilitaries and the Breakup of Yugoslavia
This is the first book to offer a comprehensive analysis of the emergence, nature, and function of Serbian paramilitary units during the violent breakup of Yugoslavia. The book investigates the nature and functions of paramilitary units throughout the 1990s, and their ties to the state and President Slobodan Milošević. The work relies on the archives of the International Criminal Tribunal for the former Yugoslavia in The Hague, which conducted dozens of trials relating to paramilitary violence, and records from judicial proceedings in the region. It discusses how and why certain important paramilitary units emerged, how they functioned and transformed through the decade, what their relatio...
Law, Time and Historical Injustices
This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injus...
Fairness and the Goals of International Criminal Trials
This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure. This is made difficult by the fact that not all of these goals are compatible and the fulfilment of one may lead to others going unmet. Therefore, a balance must be found if the goals of trial are to be achieved at all. The book posits that fairness should serve as the guiding principle when weighing the different trial goals against one another. It is argued that without fairness international and internation...
