The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy

By Rachel Kerr | Go to book overview

Acknowledgments

I should like to thank the many people who supported, encouraged, and assisted me while I researched and wrote this book. In particular, I am enormously grateful to Professor James Gow, who provided the inspiration to undertake this study of the Tribunal in the first place, and was a constant source of encouragement and support, as well as a mine of information and insight (which included full access to his own private collection of documents relating to his role as Expert Witness at the Tribunal). For feedback on a previous version of this study, I am grateful to Professor Sir Adam Roberts and Professor Zoran Pajic. Their constructive and thoughtful comments have much improved this version, although any mistakes that remain are, of course, my own. I am also grateful to Professor Sir Lawrence Freedman, Professor Christopher Dandeker, and Dr Joanna Spear in the Department of War Studies for their support and feedback on various drafts, and to Dr Eirin Mobekk, who is and was engaged in thinking about similar issues in other parts of the world—a lasting friendship was forged on the 'peace and justice roadshow'! My observations and analysis were strengthened by my participation at conferences and by interactions with other participants, in particular, the Graduate Research Conferences organized by the Department of War Studies under the auspices of the John D. and Catherine T. MacArthur Foundation Programme on Regional Security in a Global Context.

I should also like to express my gratitude to everyone that I interviewed or held informal discussions with. In particular, I am grateful to Justice Richard Goldstone and Justice Louise Arbour, Graham Blewitt, Stephàne Bourgon, Yvonne Featherstone, William Fenrick, John Ralston, Christian Rohde, and Gavin Ruxton. My thanks also go to the interviewees who remain anonymous. I am grateful to all for their observations and insights, and appreciated their candour and thoughtfulness. One of the things that most struck me was the huge amount of commitment and integrity shown by these people, and many others at the Tribunal, and their belief in what they are doing. I hope that, in addition to being an academic study of the Tribunal, it will serve in some measure as an institutional history that testifies to that. My thanks especially to Gavin Ruxton for giving me an opportunity to work with him at the Tribunal in 1998, for being prepared to discuss the minutiae of his work with me, and not least for the Mavericks!

-v-

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The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy
Table of contents

Table of contents

  • The International Criminal Tribunal for the Former Yugoslavia iii
  • Acknowledgments v
  • Contents vii
  • Abbreviations viii
  • 1: Introduction 1
  • 2: International Peace and Security, International Criminal Justice, and the Yugoslav War 12
  • 3: Establishing a Court 41
  • 4: Jurisdiction 60
  • 5: Procedure 92
  • 6: Cooperation and Judicial Assistance 115
  • 7: 'First Catch Your Criminal' 147
  • 8: An Apolitical or a Political Institution? the Exercise of Prosecutorial Discretion 175
  • 9: Conclusion 208
  • Bibliography 220
  • Index 237
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