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When Justice Meets Politics

Independence and Autonomy of "Ad Hoc International</I> Criminal Tribunals

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Klaus Bachmann, Thomas Sparrow-Botero and Peter Lambertz

Are the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) independent actors, who mete out fair and un-biased justice, or instruments of a new world order, which execute the will of the most powerful states? By applying process tracing and frame analysis, this book reveals the interplay between the power politics of states, the agenda setting power of international criminal tribunals and the scope of the autonomy which the tribunals, the prosecutors and judges enjoy – and how they make use of it. The book details the mechanisms that govern judicial behaviour at the ICTY and the ICTR as well as the influence of the media, non-governmental organisations, governments and international organisations on judges and prosecutors. Last but not least, it shows why and how initially controversial frames like those about the «genocide in Srebrenica» and «the Rwandan genocide» became almost undisputed notions which are hardly challenged by anyone today.

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List of Abbreviations

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AI Amnesty International ARBiH Army of the Republic of Bosnia and Herzegovina (Armija Republike Bosne i Hercegovine) BBC British Broadcasting Corporation BiH Bosnia and Herzegovina CDA Critical Discourse Analysis CIA Central Intelligence Agency CNN Cable News Network CWHRCS Coalition for Women’s Human Rights in Conflict Situations DPA Dayton Peace Agreement DS Democratic Party (Demokratska Stranka) DSS Democratic Party of Serbia EC European Commission EIOP European Integration Online Papers EMGS European Masters in Global Studies ENP European Neighborhood Policy EU European Union EUI European Union Institute EULEX European Union Rule of Law Mission, Kosovo FAR Rwandan Armed Forces (Forces Armées du Rwanda) FPR (see: RPF) FRY Federal Republic of Yugoslavia HDZ Croatian Democratic Union (Hrvatska Demokratska Zajednica) HRW Human Rights Watch HSLS Croatian Social Liberal Party (Hrvatska Socijalno-Liberalna Stranka) HRVC Human Rights Violations Committee (of the South African Truth and Reconciliation Commission) HVO Croatian Defence Council (Hrvatsko vijee obrane) ICJ International Court of Justice KLA Kosovo Liberation Army (Ushtria Çilimtare e Kosovës, UÇK) KVM Kosovo Verification Mission JCE Joint Criminal Enterprise ICC International Criminal Court ICJ International Court of Justice IDEA Institute for Democracy and Electoral Assistance IDP Internally displaced person ICTY International Criminal Tribunal for the Former Yugoslavia ICTR International Criminal Tribunal for Rwanda IWPR Institute for War and Peace Reporting JNA Yugoslav People’s Army (Jugoslavenska Narodna Armija) KVM Kosovo Verification Mission LDP Liberal Democratic Party (Liberalno Demokratska Partija) 400 List of Abbreviations MRND National Republican Movement for Democracy and Development (Mouvement RépublicainNational pour laDémocratie...

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