Transitional justice is a burgeoning field of scholarly inquiry.
Yet while the transitional justice literature is replete with
claims about the benefits of criminal trials, too often these
claims lack an empirical basis and hence remain unproven. While
there has been much discussion about whether criminal trials can
aid reconciliation, the extent to which they actually do so in
practice remains under-explored. This book investigates the
relationship between criminal trials and reconciliation, through a
particular focus on the International Criminal Tribunal for the
former Yugoslavia (ICTY).
Using detailed empirical data in the form of qualitative
interviews and observations from five years of fieldwork to assess
and analyze the ICTY s impact on reconciliation in
Bosnia-Hercegovina, Croatia and Kosovo, "International Trials and
Reconciliation: Assessing the Impact of the International Criminal
Tribunal for the former Yugoslavia" argues that reconciliation is
not a realistic aim for a criminal court. They are, Janine Clark
argues, only one part of a rich tapestry of justice, which must
also include non-retributive transitional justice processes and
mechanisms.
Challenging many of the common yet untested assumptions about
the benefits of criminal trials, this innovative and extremely
timely monograph will be invaluable for those with interests in the
theory and practice of transitional justice."
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