Criminal Law

Reclaiming Justice The International Tribunal for the Former Yugoslavia and Local Courts

Edited by Sanja Kutnjak Ivkovich · John Hagan
Oxford University Press USA May 2011

Specifications

ISBN-13
9780195340327
Publisher
Oxford University Press USA
Publication
May 2011
Format
Hardback , 224 pages
Jurisdiction
International, U.S. ? Countri(es) for reference only

Details

  • Adds to prior ICTY literature by providing a comprehensive view of how people from Bosnia and Herzegovina, Croatia, Kosovo, and Serbia view and evaluate the ICTY
  • Comprehensively discusses crucial issues of international justice
  • Examines the relationship between the views of the ICTY and ethnicity
  • Based on analyses of a unique data set collected through seven surveys administered to citizens of Sarajevo, Zagreb, Vukovar, Belgrade, and Pristina between 1997 and 2005

For the first time in legal history, an indictment was filed against an acting head of state, Slobodan Milosevic, for crimes that Milosevic allegedly committed while he was in office. Seeking to change the concept of ethnic cleansing from a rationalizing euphemism to an incriminating metaphor, the International Criminal Tribunal for the Former Yugoslavia (ICTY) set precedents and expanded the boundaries of international criminal and humanitarian law. In Reclaiming Justice, Sanja Kutnjak Ivkovich and John Hagan add to prior literature about the ICTY by providing a comprehensive view of how people from Bosnia and Herzegovina, Croatia, Kosovo, and Serbia view and evaluate the ICTY. Kutnjak Ivkovich and Hagan ask crucial questions about international justice in a systematic and comprehensive manner, looking into the ICTY's legality and judicial independence, as well as specific issues of substantive and procedural justice and collective and individual responsibility. Kutnjak Ivkovich and Hagan provide an in-depth analysis of perceptions about the ICTY, the subsequent work of its local courts, and decisions reached by the local courts. They also examine the relationship between the views of the ICTY and ethnicity, a particularly relevant notion because the war was fought largely along ethnic lines.

Readership: Students and professors of international law, history, criminal law, political science; persons interested in history and politics of the Balkans.

Table of Contents

Ch. 1: Studying the ICTY
Chapter 2: The ICTY, Its Constituency, and the Politics: The Battle for Hearts and Minds
Chapter 3: Ethnicity and the Legitimacy of the ICTY
Ch. 4: Individual and Collective Responsibility: Structural Pre-Conditionality, Smoking Gun Evidence, and Collective Responsibility
Ch. 5: Distributive and Procedural Justice
Ch. 6: Reclaiming Justice: The Ideal and the Reality

About the Author

Sanja Kutnjak Ivkovich, Professor of Law, Michigan State University School of Law, and John Hagan, John D. MacArthur Professor of Sociology and Law and Senior Research Fellow, Northwestern University School of Law

Sanja Kutnjak Ivkovich is Associate Professor at the School of Criminal Justice, Michigan State University. Her research focuses on international/comparative criminology, criminal justice, and law. She is the author of The Fallen Blue Knights: Controlling Police Corruption (Oxford University Press, 2005) and Lay Participation in Criminal Trials (Austin & Winfield, 1999). She is the co-author with Carl Klockars and Maria R. Haberfeld of Enhancing Police Integrity (Springer, 2006) and co-editor with Carl Klockars and Maria Haberfeld of Contours of Police Integrity (Sage, 2004), which received American Society of Criminology International Division Honorable Mention. Her work has appeared in leading academic and law journals, such as the Law and Society Review, Journal of Criminal Law and Criminology, Criminology and Public Policy, Law and Policy, Stanford Journal of International Law,Cornell International Law Journal. John Hagan is John D. MacA

Professor of Sociology and Law at Northwestern University and Co-Director of the Center on Law & Globalization at the American Bar Foundation in Chicago. He received the Stockholm Prize in Criminology in 2009 and was elected in 2010 to the American Academy of Arts and Sciences. Professor Hagan is the Editor of the Annual Review of Law & Social Science. His research with a network of scholars spans topics from war crimes and human rights to the legal profession. He is the co-author with Wenona Rymond-Richmond of Darfur and the Crime of Genocide (Cambridge University Press 2009), which received the American Sociological Association Crime, Law and Deviance Section's Albert J. Reiss Distinguished Publication Award and the American Society of Criminology's Michael J. Hindelang Book Award.

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