Peace with Justice?: War Crimes and Accountability in the Former Yugoslavia / Edition 352by Paul R. Williams, Michael P. Scharf
Pub. Date: 08/27/2002
Publisher: Rowman & Littlefield Publishers, Inc.
Resolving the Yugoslav conflict was the last great foreign policy challenge of the twentieth century. Never before in history was so much emphasis placed on the need to employ the concept of justice in the peace process or was so much energy devoted to creating and utilizing international justice-based institutions. In this provocative and insightful book, two
Resolving the Yugoslav conflict was the last great foreign policy challenge of the twentieth century. Never before in history was so much emphasis placed on the need to employ the concept of justice in the peace process or was so much energy devoted to creating and utilizing international justice-based institutions. In this provocative and insightful book, two former State Department lawyers, Paul R. Williams and Michael P. Scharf, undertake to tell the true story, 'warts and all,' of the role of justice in building peace in the former Yugoslavia. During the Yugoslav conflict, Serb leader Slobodan Milosevic was transformed from a key partner in peace to an indicted war criminal, who now sits in a 10 x 17 foot cell at the International Criminal Tribunal in The Hague. But the road from accommodation to accountability in the Balkans was anything but smooth. Based on their personal experience, extensive research, and interviews with key players in the Yugoslav peace-building process, Williams and Scharf provide a gripping account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. All too often human rights and peace advocates treat justice as a panacea for conflict and atrocities, while self-proclaimed realists and professional diplomats dismiss justice as an impediment to peace. Williams and Scharf demonstrate that the truth lies in between. Their definitive study provides a novel framework for understanding the utility of justice as well as its practical limits as a diplomatic tool so that it can be more effectively applied in resolving future conflicts around the globe.
Table of Contents
Part 1 Part I: Structuring an Inquiry into the Role of Justice During the Peace-building Process Chapter 2 The Cognitive Contextual Process: Melding International Relations and International Legal Theory Chapter 3 Justice and Anti-Justice: The Functions of Accountability in the Peace-building Process Chapter 4 Peace vs. Justice: The Relationship between Accountability and Other Relevant Peace-building Approaches Part 5 Part II: Precursors to Justice: Self-Identity, Political Will, and Moral Obligation in the Peace-building Process Chapter 6 The Road to War: War Crimes and the Crime of War in Yugoslavia Chapter 7 The International Response: Self-Interest Wrongly Understood Part 8 Part III: Creating and Employing Justice Based Institutions During the Initial Phases of the Peace-building Process Chapter 9 Establishing the Yugoslav War Crimes Commission and Yugoslav Tribunal: A Judicial Placebo Chapter 10 The Operation of the Yugoslav Tribunal: A Record of Self-Imposed Limits Chapter 11 The International Court of Justice: A Blunt Tool for Peace-building Part 12 Part IV: The Role of Justice in the Negotiation Phase of Peace Building Chapter 13 The Dayton Negotiations: Getting to Yes with War Criminals Chapter 14 Seeking Peace in Kosovo: The Relegation of Justice Chapter 15 The Rambouillet/Paris Negotiations: From Coercive Appeasement to Humanitarian Intervention Part 16 Part V: The Role of Justice in the Implementation Phase of Peace-building Chapter 17 Apprehending War Criminals: Mission Creep or Mission Impossible? Chapter 18 Linking Justice and Economic Inducements: A Road to Peace Chapter 19 The Cohabitation of Justice and Peace: Concluding Observations
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