
When Justice Meets Politics : Independence and Autonomy of Ad Hoc International Criminal Tribunals.
Title:
When Justice Meets Politics : Independence and Autonomy of Ad Hoc International Criminal Tribunals.
Author:
Bachmann, Klaus.
ISBN:
9783653028706
Personal Author:
Physical Description:
1 online resource (407 pages)
Series:
Studies in Political Transition ; v.2
Studies in Political Transition
Contents:
Cover -- Table of Contents -- Introduction -- Part I The ICTY's Role in Serbia'sand Croatia's EU Accession - an Agent or a Principal of Europeanisation? -- Introduction -- Europeanisation -- Principal-Agent Dichotomy -- Historical Background: The Policies of the EU and the ICTY toward Serbia and Croatia -- Serbia and Croatia in the 1990s: Key Events in Retrospect -- The ICTY 1993-2001: Between Power Politics and "Rhetorical Action" -- The European Union 1990-1999: Transitional Justice Conditionality and Enlargement -- Transitional Justice Policy Changes of the EU Towards Croatia -- From Tudjman's Death to Gotovina's Indictment -- The Postponement of Croatia's Entry Negotiations -- The Run-Up to Gotovina's Arrest -- The EU's Transitional Justice Policy Changes Towards Serbia -- From Milo evi to Karad i and Mladi -- The EU's and Serbia's Local Politics -- Karad i 's arrest and the quest for Mladi -- The Transfer of Mladi and Had i -- Conclusions -- Part II External Influences on Judging at International Criminal Tribunals -- Introduction -- Fact-Finding, Evidence and Testimony -- Four Case Studies of External Influence and Judges' Frames of the Conflicts -- Framing the Past in International Criminal Tribunals -- The Frames Concerning the Conflict in Rwanda in April 1994 and the Death of Belgian Soldiers in Rwanda in 1994 -- The Belgian Government's Frames -- The Frames of the Rwandan Government -- The New York Times Frames -- The Frames of Le Monde -- The Frames of the US Government -- Other Frames: Gourevitch and Dallaire -- The Frames of the UN -- The Organisation of African Unity's Frames -- The Frames of Human Rights Watch -- The Prosecutor's Frames -- The Frames of the Trial Chamber in the Pros. vs. Bagosoraet al. -- Resisting Powerful External Frames -- The Frames in the Prosecutor vs. Akayesu -- The Frames of International Media.
The Frames of International Non-Governmental Organisations -- The Frames of the Prosecution -- The Frames of the Trial Chamber -- What Powerful Frames Can Achieve -- The Frames Concerning the Behaviour of Dutchbat in Srebrenica in July 1994 -- The Dutch Government's Frames Concerning Srebrenica -- Human Rights Watch's Frames -- The United Nations' Frames -- Other Frames -- The Frames of the Trial Chamber in the Pros. vs. Krsti -- The Frames of the Appeals Chamber in the Pros. vs. Krsti -- Judges as Agenda-Setters -- The Frames of the Ra ak Events in Kosovo -- Two Antagonistic Frames From Governments -- Media Frames -- The Frames of the US Government -- The Frames of the French Government -- The Frames of The New York Times -- The Frames of Le Monde -- The Frames of Human Rights Watch -- The Frames of the Kosovo Liberation Army -- The Prosecution Frames About the Events in Ra ak -- The Frames of the Trial Chamber in the Pros. vs. Djordjevi -- Establishing the Level of Congruence between Judges' and External Actors' Frames -- Explaining Judicial Behaviour at the ICTY and the ICTR -- Part III Politicizing Tribunals? Reconciliation in Sentencing and Judging at the ICTR and the ICT -- Concepts of Reconciliation -- Reconciliation in Theory -- Reconciliation Within Social Space -- Reconciliation as Truth Production and Memory Work -- Reconciliation and Legal Space -- Reconciliation as a Discoursive Device -- Reconciliation and the Everyday -- Result: An Open Definition -- How Justice Contributes to Reconciliation: A Typology -- Sublating Vengeance -- Acknowledging Victims -- Individualizing Guilt -- Consolidating Democracy and the Rule of Law -- Ending Impunity -- Generating Truth -- The Concept of Reconciliation at the ICTR -- Important documents -- Sentences -- Reconciliation Through Retribution?.
Reconciliation and Plea Bargaining: A Restorative Understanding -- Strategic Signifying: Retributive Versus Restorative Interpretations of Reconciliation -- Findings -- Reconciliation at the ICTY -- Reconciliation in ICTY Trials: Guilty Pleas and Plea Bargaining -- Reconciliation in the Pros. vs. Erdemovi -- Reconciliation as a Rhetorical Smokescreen- the Pros. vs. Plav i -- Individual Identity Transformation with Fatal Consequences - the Pros. vs. Babi -- Reconciliation and Guilty Pleas of Low-Level Perpetrators -- Reconciliation Without a Guilty Plea -- Reconciliation at the ICTR and the ICTY: Findings -- Conclusion: Actorness and Autonomy of the ICTY and the ICTR -- Literature, Sources, and Databases -- Information about the interviews -- Databases and Electronic Archives -- Bibliography -- List of Abbreviations -- Index of Names.
Abstract:
Are the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) independent actors, who mete out fair and un-biased justice, or instruments of a new world order, which execute the will of the most powerful states? By applying process tracing and frame analysis, this book reveals the interplay between the power politics of states, the agenda setting power of international criminal tribunals and the scope of the autonomy which the tribunals, the prosecutors and judges enjoy - and how they make use of it. The book details the mechanisms that govern judicial behaviour at the ICTY and the ICTR as well as the influence of the media, non-governmental organisations, governments and international organisations on judges and prosecutors. Last but not least, it shows why and how initially controversial frames like those about the genocide in Srebrenica and the Rwandan genocide became almost undisputed notions which are hardly challenged by anyone today.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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