Between Justice and Stability: The Politics of War Crimes by Mladen Ostojic

By Mladen Ostojic

Exploring the effect of the overseas felony Tribunal (ICTY) on regime switch in Serbia, this e-book examines the connection among overseas felony justice and democratisation. It analyses intimately the repercussions of the ICTY on household political dynamics and gives an explanatory account of Serbia's transition to democracy.Lack of cooperation and compliance with the ICTY was once one of many largest stumbling blocks to Serbia's integration into Euro-Atlantic political constructions following the overthrow of Milo'evi?. through scrutinising the attitudes of the Serbian specialists in the direction of the ICTY and the prosecution of warfare crimes, Ostoji? explores the complicated tactics set in movement via the foreign community's guidelines of conditionality and by way of the prosecution of the previous Serbian management within the Hague. Drawing on a wealthy choice of empirical information, he demonstrates that the luck of overseas judicial intervention is premised upon democratic consolidation and that transitional justice rules are just ever more likely to take root after they don't undermine the soundness and legitimacy of political associations at the floor.

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Additional resources for Between Justice and Stability: The Politics of War Crimes Prosecutions in Post-Miloševic Serbia

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35 During the bombing, the regime closed ranks and increased repression against the opposition, notably by physically eliminating political opponents and critics. And while the withdrawal of the Serbian army and administration from Kosovo discredited the regime in the eyes of many of its supporters, the NATO intervention also undermined the proWestern stance of the democratic opposition. Serbia came out of the Kosovo war with an increasingly authoritarian and isolated regime. 37 At the same time, the widespread despair and political apathy of a population facing deteriorating living conditions provided little hope for renewed political mobilisation that could topple the regime.

The unprecedented degree of international involvement in the prosecution of war crimes in the former Yugoslavia and Serbia’s perceived role as an aggressor in the wars of Yugoslav succession gave a peculiar dimension to transitional justice in Serbia. 66 In those circumstances, disclosure of evidence incriminating former Serbian officials by the authorities in Belgrade was informed by concerns for state interests. Instead of promoting a break with the past, international war crimes trials have restricted the scope for truth-telling and acknowledgment of past atrocities in Serbia by raising the spectre of collective responsibility.

Furthermore, this book brings to light the tensions that can arise between individual and state responsibility in the current international justice system. The unprecedented degree of international involvement in the prosecution of war crimes in the former Yugoslavia and Serbia’s perceived role as an aggressor in the wars of Yugoslav succession gave a peculiar dimension to transitional justice in Serbia. 66 In those circumstances, disclosure of evidence incriminating former Serbian officials by the authorities in Belgrade was informed by concerns for state interests.

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