Cambridge University Press Courting Democracy in Bosnia and Herzegovina: The Hague Tribunal's Impact in a Postwar State (Cambridge Studies in Law and Society)

Product Description The International Criminal Tribunal for the former Yugoslavia (ICTY) struggled to apprehend and try high-profile defendants including Serbian leader Slobodan Milošević, often receiving more criticism than praise. This volume argues that the court has made a substantial contribution to Bosnia and Herzegovina's transition to democracy. Based on over 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 into domestic contexts. Much of the early rhetoric about the transformative potential of international criminal law fostered unrealistic expectations of institutions like the ICTY. Judged by more realistic standards, international law is seen to play a modest yet important role in postwar transitions. These findings have implications for the study of international courts around the world and the role of law in contributing to social change. Review Reviews of the hardback: 'This book is essential reading for anyone interested in war crimes tribunals and their place in transitional justice. Nettelfield's wide and thorough research in the literature and on the ground in Bosnia and Herzegovina make this work stand out in a field already heavily populated. It represents a well balanced and realistic assessment of the record of the International Criminal Tribunal for the former Yugoslavia.' Richard Goldstone, former chief prosecutor, United Nations International Criminal Tribunals for Yugoslavia and Rwanda'Elegantly written and drawing on years of meticulous empirical research, Courting Democracy in Bosnia and Herzegovina is a major contribution to theoretical and policy debates on the role of international justice institutions. Nettelfield robustly challenges conventional critical assessments of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and in so doing, changes forever the terms of the discussion about the impact of the ICTY in Bosnia-Herzegovina. Should be required reading in courses on human rights, international criminal law and political transitions in post-conflict settings.' Richard A. Wilson, Gladstein Chair of Human Rights and Director of the Human Rights Institute, University of Connecticut'This work is elegant in its rigor; lively in its tone; and uplifting in its spirit. Nettelfield gracefully moves us beyond turgidly contemptuous or blindly enthusiastic assessments of the relevance of international criminal law. She charts the field's role in post-conflict transition – a modest role, to be sure, and certainly a nuanced one, but also one that fosters democratic development. The book is a must-read for anyone concerned with Bosnia, transitional justice, and the role of law in life. A tour-de-force!' Mark A. Drumbl, Class of 1975 Alumni Professor and Director, Transnational Law Institute, Washington and Lee University School of Law'Friends of international justice will welcome this balanced, methodologically rigorous assessment of popular responses to the ICTY in the Western Balkans … With its nuanced presentation of the Tribunal's impact, this work amply identifies missteps and pitfalls while providing gracious encouragement to proponents of international jurisprudence.' Robert Donia, University of Michigan'Lara Nettelfield has masterfully documented and analyzed the true impact of the International Criminal Tribunal for the Former Yugoslavia on Bosnian society since 1993. She challenges conventional wisdom by demonstrating the tribunal's modest but largely positive contribution to the democratic development of Bosnia and Herzegovina, including the introduction of new social movements for accountability. This book slays a few dragons and introduces refreshing clarity to a very challenging subject.' David Scheff