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The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice

The Concept of the Civilian: Legal Recognition, Adjudication and the Trials of International Criminal Justice

Author: Claire Garbett
Publisher: Routledge
ISBN: 9780415661690

Published In: January 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781138211292

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How do international war crimes trials address and redress the civilian victims of armed conflict? The Concept of the Civilian examines how the processes of international criminal justice construct legal recognition of the civilian victims of contemporary armed conflicts.

Drawing on a detailed case-study of the International Criminal Tribunal for the former Yugoslavia (ICTY), this book examines two key issues central to these justice processes. Firstly, how civilians are understood as a social and legal category of persons; and secondly, how legal practices shape victim identities and redress in relation to these persons.

Combining socio-legal concepts and methodologies with insights from transitional justice scholarship, Claire Garbett thus traces the historical emergence of the concept of the civilian, and critically examines how the different stages of legal proceedings produce its conceptual form in distinction from that of combatants.

This book shows that the very notions of ‘civilian’, ‘protection’ and ‘redress’ that underpin current practices of international criminal justice continue to evoke both definitional difficulties and analytic contestation. Accordingly, it remains unclear how the practices of international criminal justice work to address and redress the civilian victims of contemporary armed conflicts.

Introduction: The Concept of the Civilian: War, Law and Post-Conflict Justice

1. The International Community and the Civilian Victims of Armed Conflict

2. Laws of Protection? The Historical Emergence of the Concept of the Civilian

3. Patterns of Prosecution: Unlawful Victimisation, Victims and their Visibility at the ICTY

4. The Adjudication of Victim Identities: Legal Recognition, Participation and Trials at the ICTY

5. Recognising Civilian Collectivities: The Judgement of Dragomir Milosević and the Siege of Sarajevo

Conclusion: International Criminal Trials: Civilian Subjects, Participatory Practices and Progressive Futures