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Vol 22 No 4 April/May 2017

Book of the Month

Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

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Courting Democracy in Bosnia and Herzegovina: The Hague Tribunal's Impact in a Postwar State

ISBN13: 9780521763806
Published: July 2010
Publisher: Cambridge University Press
Country of Publication: USA
Format: Hardback
Price: £72.00
Paperback edition , ISBN13 9781107610606

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The International Criminal Tribunal for the former Yugoslavia (ICTY) struggled to apprehend and try high-profile defendants like the Serbian leader Slobodan Milošević, and often received more criticism than praise. This volume argues that the underappreciated court has in fact made a substantial contribution to Bosnia and Herzegovina's transition to democracy. Based on more than three years of field research and several hundred interviews, this study brings together multiple research methods, including surveys, ethnography, and archival materials, to show the court's impact on five segments of Bosnian society, emphasizing the role of the social setting in translating international law in domestic contexts. Much of the early rhetoric about the transformative potential of international criminal law helped foster unrealistic expectations that institutions like the ICTY could not meet, but judged by more realistic standards, international law is seen to play a modest yet important role in postwar transitions. The findings of this study have implications for the study of international courts around the world and the role law plays in contributing to social change.

International Criminal Law, Norway, Bosnia Herzegovina
1. Assessing the impact: Bosnia and Herzegovina and the International Criminal Tribunal for the former Yugoslavia (ICTY); 2. Crafting the polity: transitional justice and democratization in Bosnia and Herzegovina; 3. An unfavorable context: war, Dayton, and the ICTY; 4. Expanding the norm of accountability: Srebrenica's survivors, collective action, and the ICTY; 5. Making progress with few resources: civil society and the ICTY; 6. Narrative and counter-narrative: the case of the Čelebići trial; 7. From the battlefield to the barracks: the ICTY and the Bosnian armed forces (AFBIH); 8. Localizing war crimes prosecutions: the Hague to Sarajevo and beyond; 9. Conclusion.