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Both the International Criminal Tribunal for the former Yugoslavia
(ICTY) and the International Criminal Tribunal for Rwanda (ICTR)
are now about to close. Bachmann and Fatic look back at the
achievements and shortcomings of both tribunals from an
interdisciplinary perspective informed by sociology, political
science, history, and philosophy of law and based upon on two key
notions: the concepts of legitimacy and efficiency. The first asks
to what extent the input (creation) of, the ICTY and the ICTR can
be regarded as legitimate in light of the legal and public debate
in the early 1990s. The second confronts the output (the procedures
and decisions) of the ICTY and the ICTR with the tasks both
tribunals were assigned by the UN Security Council, the General
Assembly, and by key organs (the president and the chief
prosecutors). The authors investigate to what extent the ICTY and
the ICTR have delivered the expected results, whether they have
been able to contribute to 'the maintenance of peace',
'stabilization' of the conflict regions, or even managed to provide
'reconciliation' to Rwanda. Furthermore, the book is concerned with
how many criminals, over whom the ICTY and the ICTR wield
jurisdiction, have actually been prosecuted and at what cost.
Offering the first balanced and in depth analysis of the
International Criminal Tribunals, the volume provides an important
insight into what lessons have been learned, and how a deeper
understanding of the successes and failures can benefit the
international legal community in the future.
Virtue as Identity offers a study of how virtue is learned and
identity acquired through the selection and internalization of
values. A large part of this process is externally imposed through
culture. Another, perhaps more important part of the process is the
result of individual and collective sensibilities. The book
emphasizes the role of emotions and emotional sensibility in our
choice of values. The book re-affirms traditional morality as the
foundation of our individual and collective identities. The author
argues that emotions as well as rational decisions guide the value
choices we make and the ideals of character that we presuppose on a
political level as much as they do in our private lives. Thus the
societies we live in are a reflection of our identities, or the
identities of the majority. This opens up radical questions about
the identities of the dissenting minorities, the proper concept of
a moral or value-community, and the real reach and value of
tolerance in modern democracy.
Virtue as Identity offers a study of how virtue is learned and
identity acquired through the selection and internalization of
values. A large part of this process is externally imposed through
culture. Another, perhaps more important part of the process is the
result of individual and collective sensibilities. The book
emphasizes the role of emotions and emotional sensibility in our
choice of values. The book re-affirms traditional morality as the
foundation of our individual and collective identities. The author
argues that emotions as well as rational decisions guide the value
choices we make and the ideals of character that we presuppose on a
political level as much as they do in our private lives. Thus the
societies we live in are a reflection of our identities, or the
identities of the majority. This opens up radical questions about
the identities of the dissenting minorities, the proper concept of
a moral or value-community, and the real reach and value of
tolerance in modern democracy.
First published in 1997. This work provides a criminological
introduction to the current situation of criminal justice systems
in the politically changing Central-Eastern Europe after 1989. It
explores concrete problems which the countries are facing, such as
the release of political prisoners and those sentenced excessively
under the communist regime. The concluding part illuminates the
case studies in the previous sections from the point of view of
their possible interaction into a cohesive and coherent
criminological discipline.
First published in 2000, this volume is an examination of the
issues of reconciliation after civil wars and the role
international war crimes tribunals play in facilitating that
reconciliation, apart from enforcing justice against perpetrators
of war crimes. It argues that a war crime tribunal is partial and
operates with no regard for the policy purpose of reconciliation,
is likely to install all opposites of confidence and security in
regions infested by civil warfare, and that their results will thus
be counterproductive and will result in further loss of life and
destruction.
First published in 2000, this volume is an examination of the
issues of reconciliation after civil wars and the role
international war crimes tribunals play in facilitating that
reconciliation, apart from enforcing justice against perpetrators
of war crimes. It argues that a war crime tribunal is partial and
operates with no regard for the policy purpose of reconciliation,
is likely to install all opposites of confidence and security in
regions infested by civil warfare, and that their results will thus
be counterproductive and will result in further loss of life and
destruction.
First published in 1997. This work provides a criminological
introduction to the current situation of criminal justice systems
in the politically changing Central-Eastern Europe after 1989. It
explores concrete problems which the countries are facing, such as
the release of political prisoners and those sentenced excessively
under the communist regime. The concluding part illuminates the
case studies in the previous sections from the point of view of
their possible interaction into a cohesive and coherent
criminological discipline.
This book discusses the crucial strategic topic for the practical
implementation of transitional justice in post-conflict societies
by arguing that the dilemma is defined by the extent to which the
actual achievement of the political goals of transition is a
necessary condition for the long-term observance and implementation
of justice. While in many cases the 'blind' criminal justice does
not enhance, and even militates against, the achievement of
political transitions, an understanding of transitional justice as
a fundamentally political process is novel, controversial and a
concept which may shape the future of transitional justice. This
collection contributes to developing this concept both
theoretically and through concrete and current case studies from
the worlds most pronounced crisis spots for transitional justice.
Both the International Criminal Tribunal for the former Yugoslavia
(ICTY) and the International Criminal Tribunal for Rwanda (ICTR)
are now about to close. Bachmann and Fatic look back at the
achievements and shortcomings of both tribunals from an
interdisciplinary perspective informed by sociology, political
science, history, and philosophy of law and based upon on two key
notions: the concepts of legitimacy and efficiency. The first asks
to what extent the input (creation) of, the ICTY and the ICTR can
be regarded as legitimate in light of the legal and public debate
in the early 1990s. The second confronts the output (the procedures
and decisions) of the ICTY and the ICTR with the tasks both
tribunals were assigned by the UN Security Council, the General
Assembly, and by key organs (the president and the chief
prosecutors). The authors investigate to what extent the ICTY and
the ICTR have delivered the expected results, whether they have
been able to contribute to 'the maintenance of peace',
'stabilization' of the conflict regions, or even managed to provide
'reconciliation' to Rwanda. Furthermore, the book is concerned with
how many criminals, over whom the ICTY and the ICTR wield
jurisdiction, have actually been prosecuted and at what cost.
Offering the first balanced and in depth analysis of the
International Criminal Tribunals, the volume provides an important
insight into what lessons have been learned, and how a deeper
understanding of the successes and failures can benefit the
international legal community in the future.
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