Justice in a Time of War
The True Story Behind the International Criminal Tribunal for the Former Yugoslavia
Publication Year: 2004
Published by: Texas A&M University Press
Title Page, Copyright
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The tension between realpolitik and justice has existed in every society since time immemorial, and it also manifested itself in the context of the conflict in the former Yugoslavia. Unlike earlier historic conflicts in which realpolitik ultimately prevailed...
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This book was born of my need to understand. In Rwanda, in Bosnia, in Kosovo and elsewhere, I, like many others, witnessed the horror in the wake of appalling crimes. I remember the old man, decapitated, and the women crying beside a pile of bodies whose faces had...
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I cannot mention all those—they are too numerous—who helped me, whether it was by their personal experience or by their reflection, to better understand and explore the different themes dealt with in this book. I would like, however, to name...
Introduction: The Theater of Truth
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"The Court will please rise.” The bailiff repeats the phrase in French: “La Cour, veuillez-vous lever.” The ritual is invariable. The three judges enter by a side door. They sit on a small platform framed by two flags of the United...
Chapter One: A Time of Alibis
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New York, February 22, 1993. Unanimously, the fifteen representatives of the United Nations Security Council affirm Resolution 808. They have come here to create the International Criminal Tribunal for the Former Yugoslavia...
Chapter Two: Guerrilla Diplomacy: America versus Europe
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Behind the diplomatic smiles and the public expressions of consensus, European and American allies at the United Nations in New York are at odds, a still-buried but no less real conflict setting them apart. At stake is domination...
Chapter Three: A Tribunal Nearly Stillborn
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On November 17, 1993, in the grand hall of the Palace of Peace in The Hague, seat of the International Court of Justice, the highest U.N. judicial body of the United Nations opens the first plenary session of the International...
Chapter Four: A Court Put to the Test
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Sure of their impunity, by 1995 the Bosnian Serb leaders are feeling invulnerable. The Tadic indictment handed up on February 10, after three years of war in Bosnia, is not likely to frighten the executors of ethnic cleansing...
Chapter Five: Tribunal of the Word
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On June 27, 1996, three judges, flanked by two United Nations flags, open the Rule 61 hearing in the case against Radovan Karadzic and Ratko Mladic. It is a show trial, yet it does hold some surprises because the hearing will shed light...
Chapter Six: The Quest for Independence
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By the end of 1995, the Dayton Accords have silenced the guns in Bosnia. A relative peace is holding in the still-divided country. Some weeks earlier, on October 1, Louise Arbour succeeded Richard Goldstone. Soberly...
Chapter Seven: The International Court on the Spot
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On May 25, 1999, President Slobodan Milosevic is publicly indicted by the ICTY for atrocities committed by Serb forces in Kosovo. Never has an indictment received such instantaneous media coverage worldwide. For the first time...
Chapter Eight: The Interminable Trial of Slobodan Milosevic
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July 3, 2001, Hearing Room 1, ten o’clock in the morning. Case number IT-99-37-I. Behind this bureaucratic and from now on routine number for this new trial lies the ideal image for international justice: “The Prosecutor v. Slobodan...
Chapter Nine: A Court Standing above It All
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"My grandson is three years old. If the murderers of twelve members of our family are not punished as they ought to be, it will be up to him, when he is twenty, to kill them. Justice will thus...
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In 1969, Charles de Gaulle dismissed the ban on French television of Marcel Ophul’s documentary, The Sorrow and the Pity, about French collaboration with the Nazis, by saying, “Our country does not need truth. What we must give it is hope, cohesion...
Appendix: Amended Statute of the International Tribunal
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Page Count: 272
Illustrations: 12 b&w photos.
Publication Year: 2004
Series Title: Eugenia & Hugh M. Stewart '26 Series on Eastern Europe