Reclaiming Justice

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

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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.
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Product details

  • Hardback | 200 pages
  • 158 x 238 x 20mm | 480.81g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195340329
  • 9780195340327

About Sanja Kutnjak Ivkovic

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. MacArthur 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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Review quote

In their superb study of the International Criminal Tribunal for the Former Yugoslavia, Kutnjak Ivkovich and Hagan probe the role trials and international criminal tribunals play in communities torn asunder by war and ethnic violence. Using empirical data collected over many years, they demonstrate how people and entire communities can interpret a tribunal's decisions, procedures, and even its very existence, in a variety of ways. iReclaiming Justicer is essential
reading for all those interested in international law and transitional justice. * Eric Stover, Human Rights Center, University of California, Berkeley * Renowned and brilliant authors, Sanja Kutnjak Ivkovich and John Hagan, provide a unique view into the hearts and minds of those who ultimately matter in the arena of international criminal justice: the communities of victims and perpetrators as they emerge from ethnic conflict. They bring to life the ambiguous voices of victimhood and guilt embedded in the landscapes of defense and defeat, and overshadowed by politics. This book is indispensable reading for all who
care deeply about the future of international criminal justice. * Susanne Karstedt, Professor of Criminology and Criminal Justice, Centre for Criminal Justice Studies, University of Leeds, School of Law * Required reading for anyone interested in the horrific crimes against humanity committed in the Former Yugoslavia, and the international response to it, namely the International Criminal Tribunal for the former Yugoslavia. The authors analysis of the local response ? based on survey data and their social science wisdom ? are relevant for other contexts. This is a remarkable contribution to understanding how a society unravels and how the international community
responds. * Judith Blau, Professor of Sociology, University of North Carolina, Chapel Hill *
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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
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