Human Rights Quarterly

Akhavan, Payam.
Justice in the Hague, Peace in the Former Yugoslavia? A Commentary on the United Nations War Crimes Tribunal
Human Rights Quarterly - Volume 20, Number 4, November 1998, pp. 737-816

The Johns Hopkins University Press

Payam Akhavan - Justice in the Hague, Peace in the Former Yugoslavia? A Commentary on the United Nations War Crimes Tribunal - Human Rights Quarterly 20:4 Human Rights Quarterly 20.4 (1998) 737-816 Justice in The Hague, Peace in the Former Yugoslavia? A Commentary on the United Nations War Crimes Tribunal * Payam Akhavan I. Introduction 738 II. Justice in the Cynical Theater: Deterrence Against a Culture of Impunity 743 III. Understanding the Non-Ethnicity of Ethnic Conflict 752 A. The Politicization of Ethnicity 753 B. A Clash of Civilizations or a Clash of Political Elites in Former Yugoslavia? 758 IV. The Power of Truth 765 A. What is Truth? 768 B. Prosecutorial Discretion: Constructing the Optimal Truth 774 1. The "Big Fish v. Small Fish" Debate 777 2. The Question of "Ethnic Parity" 781 C. Tribunal as Theater: The Limits of the Judicial Stage 783 1. The Tadic Trial 786 2. The Erdemovic Case 791 3. The Inaccessibility of Truth 793 V. Arresting the Accused, Ending the Hypocrisy: Time and Trepidation 795 A. The Soft Options: Imprisonment at Home, Removal from Office 798 B. Approaching the Hard Option: SFOR Arrest and Strangulation 802 C. Economic Aid Conditionality as an Incentive for Cooperation: Impunity as an Impediment to Economic Reconstruction 807 D. The Distant Promise of Democracy 810 VI. Specters of the Past, Promises of the Future 813 I. Introduction From its very inception in 1993, the International Criminal Tribunal for the former...