Serbian Political Thought
The Political Dimension in the Work of the International Tribunal for the Former Yugoslavia: ICTY as a Form of Political Justice
In 1961 Otto Kirchheimer published his book Political Justice. The book was trying to illustrate how laws and courts are being used in political struggle. In this article, the author tries to apply this concept to the work of International Criminal Tribunal for Yugoslavia, and he tests the hypothesis claiming that transitional justice in ICTY case actually became political justice. He focuses on the ways in which ICTY was used as a tool of great powers to manipulate and influence political processes in the countries of former Yugoslavia that were subjected to it. The timing of issuing indictments, the length of the processes, the threats of indicting as a pressure, verdicts, work of appeal councils, etc, have been massively used as tools against political actors and the states during the work of ICTY. Justice was also used as a conditionality instrument during the process of European integration which also makes it a form of political justice. The author concludes by explaining why ICTY rose serious reservations among peoples of former Yugoslavia about the concept of transitional justice and the ways in which it is implemented, seeing in it plenty of elements
of political justice.
- Babić, J., & Bojanić, P. (Eds.) (2010), World Governance: Do We Need It, is It Possible, What Could it (all) Mean?, Cambridge Scholars Publishing.
- Bachmann, K., & Fatić, A. (2015), The UN International Criminal Tribunals: Transition Without Justice? (Vol. 4), Routledge.
- Bass, G. J. (2002) Stay the hand of vengeance: the politics of war crimes tribunals. Princeton University Press.
- Beissinger, M. (2009). “Nationalism and the Collapse of Soviet Communism”, Contemporary European History, vol 18/3, pp 331-347.
- Bell, C. (2009) “Transitional justice, interdisciplinarity and the state of the ‘field’ or ‘non-field’”, International Journal of Transitional Justice, 3(1), 5-27.
- Boas, G. (2007) The Milošević Trial. New York [NY]: Cambridge University Press.
- Budding, A, H. (2003) Serbian Nationalism in the Twentieth Century [Online], Expert Report, http://balkanwitness.glypx.com/hr_budding-pt1.pdf.
- Ćirić, J. (2013) “Would that be a true reconciliation in the territories of the former Yugoslavia after “The Hague”?”, in Jovan Ćirić, (ed.), The Hague Tribunal Between Law and Politics, Institute for Comparative Law, Belgrade, pp. 175-200.
- Del Ponte, C. (2008) La caccia: Io e i criminali di guerra. Milano: Libro Fertrinell Editore.
- Fatic, A. (1996) “The Need for a Politically Balanced Works of the Hague International War Crimes Tribunal”, Review of International Affairs, vol. XLVII, no. 2, May 1996, pp. 8-11.
- Fazliu, E. (2016) Critics Take Aim at New Kosovo War Court [Online]. 11.08.2016.
- Flatley, TP. (2007) The Convenient Alliance: President Reagan and. Pope John Paul II, Cold Warriors, University of Rhode Island [Online]: http://digitalcommons.uri.edu/cgi/viewcontent.cgi?article=1050&context=srhonorsprog;
- Hayden, R. (2011) Biased Justice: “Humanrightsism” and the International Criminal Tribunal for the Former Yugoslavia – See more at: https://www.wilsoncenter.org/publication/191-biased-justice-humanrightsism-and-the-international-criminal-tribunal-for-the-former#sthash.xB3jVb5y.dpuf
- Hogard, J. (2014) L’Europe est morte à Pristina. Paris: Hugo et CIE.
- Holbrooke, R. (1998) To End a War. New York [NY]: Modern Library.
- Hudelist, D. (2008) “Operacija Velika devetnica – kako je Gospa srušila SFRJ”, Globus, 19.09.2008; NIN, 25.09.2008.
- Dyzenhaus, D. (2003). “Transitional Justice”, Int’l J. Const. L., 1, pp. 163-175.
- Kirchheimer, O, (1961), Political Justice: The Use of Legal Procedure for Political Ends, Princeton [NJ]: Princeton Legacy Library.
- Kirchheimer, O, (2008), “Political Justice”, [Online]. http://www.encyclopedia.com/social-sciences/applied-and-social-sciences-magazines/political-justice#A
- Krivokapić, (2000), “NATO Aggression Against Yugoslavia as an Assault of International Law”, in International Law and Interventionism in the “New World Order” – from Iraq to Yugoslavia, Madrid, pp. 207-240.
- Krivokapić, B. (2013) “A somehow different view on international criminal courts”. In: Jovan Ćirić, (ed.), The Hague Tribunal Between Law and Politics, Institute for Comparative Law, Belgrade, pp. 7-55.
- Marshall, T. (2003) Shadowplay. Belgrade: Samizdat B92.
- Miller, G. (2009) “Serbian spy’s trial lifts cloak on his CIA alliance”, Los Angeles Times, 01. March.
- Novaković, M. (2013). “International Criminal Tribunal for Former Yugoslavia – Gotovina Case”. In: Jovan Ćirić (ed.), The Hague Tribunal Between Law and Politics, Institute for Comparative Law, Belgrade, pp. 154-174.
- Smith, C.A, Smith, H. M, (2010) “Embedded Realpolitik? Reevaluating United States’ Opposition to the International Criminal Court”. In Steven C. Roach, (ed.), Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court, Oxford University Press.
- Škulić, M. (2013) “A view of ICTY and its place in history”. In Jovan Ćirić, (ed.), The Hague Tribunal Between Law and Politics, Institute for Comparative Law, Belgrade, pp. 56-119.
- Tamir, Y. (1993) Liberal Nationalism. Princeton [NJ]: Princeton University Press.