For the first time in legal history, an indictment was filed against an acting head of state, Slobodan Milosevic, for crimes that he allegedly committed while 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) established precedents and expanded the boundaries of international criminal and humanitarian law.
In Reclaiming Justice: The International Tribunal for the Former Yugoslavia and Local Courts, Sanja Kutnjak Ivkovi and John
Hagan expand on 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 Ivkovi and Hagan raise crucial questions about international justice in a systematic and comprehensive manner,
focusing on the ICTY's legality and judicial independence, as well as specific issues of substantive and procedural justice and collective and individual responsibility. They provide an in-depth analysis of perceptions about the ICTY and the subsequent work and decisions reached by its local courts.
In addition, they examine the relationship between the views of the ICTY and ethnicity as the war was fought largely along ethnic lines.
1. Studying the ICTY
2. The ICTY, Its Constituency, and the Politics: The Battle for Hearts and Minds
3. Ethnicity and the Legitimacy of the ICTY
4. Individual and Collective Responsibility: Structural Pre-Conditionality, Smoking Gun Evidence, and Collective Responsibility
5.
Distributive and Procedural Justice
6. Reclaiming Justice: The Ideal and the Reality
Index
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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.