Courting Democracy in Bosnia and Herzegovina: The Hague Tribunal's Impact in a Postwar State

Courting Democracy in Bosnia and Herzegovina: The Hague Tribunal's Impact in a Postwar State

by Lara J. Nettelfield
     
 

ISBN-10: 0521763800

ISBN-13: 9780521763806

Pub. Date: 05/17/2010

Publisher: Cambridge University Press

The International Criminal Tribunal for the former Yugoslavia (ICTY) struggled to apprehend and try high-profile defendants like the Serbian leader Slobodan Milošević, and often received more criticism than praise. This volume argues that the underappreciated court has in fact made a substantial contribution to Bosnia and Herzegovina’s transition

Overview

The International Criminal Tribunal for the former Yugoslavia (ICTY) struggled to apprehend and try high-profile defendants like the Serbian leader Slobodan Milošević, and often received more criticism than praise. This volume argues that the underappreciated court has in fact made a substantial contribution to Bosnia and Herzegovina’s transition to democracy. Based on more than three years of field research and several hundred interviews, this study brings together multiple research methods, including surveys, ethnography, and archival materials, to show the court’s impact on five segments of Bosnian society, emphasizing the role of the social setting in translating international law in domestic contexts. Much of the early rhetoric about the transformative potential of international criminal law helped foster unrealistic expectations that institutions like the ICTY could not meet, but judged by more realistic standards, international law is seen to play a modest yet important role in postwar transitions. The findings of this study have implications for the study of international courts around the world and the role law plays in contributing to social change.

Product Details

ISBN-13:
9780521763806
Publisher:
Cambridge University Press
Publication date:
05/17/2010
Series:
Cambridge Studies in Law and Society Series
Pages:
352
Product dimensions:
6.20(w) x 9.00(h) x 1.00(d)

Table of Contents

1. Assessing the impact: Bosnia and Herzegovina and the International Criminal Tribunal for the former Yugoslavia (ICTY); 2. Crafting the polity: transitional justice and democratization in Bosnia and Herzegovina; 3. An unfavorable context: war, Dayton, and the ICTY; 4. Expanding the norm of accountability: Srebrenica's survivors, collective action, and the ICTY; 5. Making progress with few resources: civil society and the ICTY; 6. Narrative and counter-narrative: the case of the Čelebići trial; 7. From the battlefield to the barracks: the ICTY and the Bosnian armed forces (AFBIH); 8. Localizing war crimes prosecutions: the Hague to Sarajevo and beyond; 9. Conclusion.

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