Victor's Justice or the Law? Judging And Punishing At The International Criminal Tribunal For The Former Yugoslavia

James Meernik
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James Meernik: University of North Texas

Journal of Conflict Resolution, 2003, vol. 47, issue 2, 140-162

Abstract: The development of fair and impartial criteria for judging those accused of international crimes is one of the most critical issues facing the international community and the International Criminal Tribunal for the Former Yugoslavia (ICTY). Are the resources, experience, and moral force so weighted in favor of the international community that the accused cannot obtain a fair contest? Are international criminal trials legalistic exercises that cloak a victor's justice, or do such courts premise their decisions on fair criteria? Data on ICTY verdicts and punishment of convicted war criminals show that the ICTY judges follow a "legal" model and that punishment is based primarily on the gravity of the crimes committed and the defendant's level of responsibility in the political and military chain of command. Political factors largely do not explain verdicts or sentences.

Keywords: International Criminal Tribunal for the Former Yugoslavia; conflict resolution; international law; victor's justice (search for similar items in EconPapers)
Date: 2003
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Persistent link: https://EconPapers.repec.org/RePEc:sae:jocore:v:47:y:2003:i:2:p:140-162

DOI: 10.1177/0022002702251024

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