By Victor Peskin
This e-book tells the compelling tale of the way the UN foreign legal Tribunals for the previous Yugoslavia and Rwanda prod states implicated in atrocities at hand over their very own leaders for trial. with no nation cooperation, the United countries may fail in its undertaking to assist carry perpetrators of battle crimes to justice and to rebuild and reconcile war-torn societies. The tribunals' relative good fortune in overcoming nation resistance to overseas trials is the result of a political technique that Victor Peskin uncovers and explains. this can be the 1st in-depth, comparative learn of country cooperation within the tribunals.
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This booklet tells the compelling tale of the way the UN foreign felony Tribunals for the previous Yugoslavia and Rwanda prod states implicated in atrocities at hand over their very own leaders for trial. with out country cooperation, the United countries might fail in its project to assist convey perpetrators of struggle crimes to justice and to rebuild and reconcile war-torn societies.
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Extra resources for International justice in Rwanda and the Balkans: virtual trials and the struggle for state cooperation
But they often contend that the tribunals’ capacity to alter the behavior of such states stems from the moral force of the tribunal’s mission and legal authority. Left unacknowledged, perhaps out of a reasonable fear that such acknowledgment will undermine the tribunals’ moral authority, is the fact that the tribunals’ fight for cooperation is frequently driven by a legal and political calculus that involves bargaining with and concessions to recalcitrant states. Largely absent in the human rights literature is a recognition that the tribunals’ lack of enforcement powers often compels them to act politically by negotiating with states to secure promises of cooperation or to forestall threats to disrupt cooperation altogether.
A Liberal theorist may argue that transitional democracies such as Serbia and Croatia show a greater inclination than their authoritarian predecessors to cooperate with an international war crimes tribunal. The extent of this increased cooperation would reflect these states’ increased embrace of principles of legalism and the domestic rule of law. As these states’ political and legal systems grow stronger and the democratic transitions become consolidated, it might stand to reason that their support of international justice would grow yet stronger.
With members of the authoritarian regime still in the country and in positions of leadership in the military, many fear that prosecutions will divide society just when unity is most needed. By the same token, it is not inevitable that a new democratic government will provide an international tribunal with the cooperation it requires to investigate and prosecute state-sponsored atrocities. Indeed, the dilemma over whether to cooperate is particularly acute in transitional democracies. In the eyes of human rights proponents, cooperation with the tribunal is seen as congruent with state interest.