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" Virtual trials: International war crimes tribunals and the politics of state cooperation in the former Yugoslavia and Rwanda "
Victor Avigdor Peskin
R. A. S. Kagan, Beth A.
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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53785
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TL23739
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| Call number
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3190851
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| Main Entry
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Victor Avigdor Peskin
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| Title & Author
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Virtual trials: International war crimes tribunals and the politics of state cooperation in the former Yugoslavia and Rwanda\ Victor Avigdor Peskin
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| College
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University of California, Berkeley
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| Date
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2005
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| Degree
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Ph.D.
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2005
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| Page No
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622
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| Abstract
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The viability of the emerging system of international criminal courts requires cooperation from recalcitrant states that harbor defendants charged with human rights violations. Today's international war crimes tribunals are armed with legal authority to demand such cooperation, but not with armies to compel states to hand over evidence and suspects or take other measures to ensure international prosecutions. This central predicament facing the United Nations International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR) is the subject of this dissertation. The politics of cooperation between the tribunals and states is examined by comparative case study of Serbia, Croatia, and Rwanda. Our findings are pertinent to the politics of cooperation in the context of other ad hoc tribunals and the International Criminal Court. This study contributes to the debate over the determinants of compliance with international law by (1) determining the conditions under which Serbia, Croatia, and Rwanda have cooperated with the ICTY and ICTR and (2) describing the dynamics of the cooperation battles between the tribunals, targeted states, and influential "international community" actors. I examine these battles---conceptualized as virtual trials---by comparing the political struggles and negotiations both between tribunals, states, and international actors, and within states. Extensive interviews in Rwanda, Tanzania, Serbia, Croatia, Bosnia, The Netherlands, and Sierra Leone, over more than one year, provide the major data source for this research. The detailed case studies focus on the tribunals' prosecution of suspects from a state's own ethnic, national or political group. The study concludes that the key determinants of cooperation are state interest and capacity to cooperate. Also of vital importance is the extent to which international actors have an interest and capacity to affect a state's cooperation. Tribunals and their chief prosecutors, however, are central actors in these virtual trials by exercising (or failing to exercise) their own "soft power." This power relies on balancing the use of shaming and negotiation. Yet, shaming is also used by states against the tribunal in order to avoid their obligation to cooperate. Throughout, the study engages key debates in international relations, comparative politics, and transitional justice.
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Social sciences; Former Yugoslavia; International justice; Rwanda; State cooperation; Virtual trials; War crimes tribunals; Political science; International law; International relations; European history; 0615:Political science; 0335:European history; 0616:International relations; 0616:International law
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R. A. S. Kagan, Beth A.
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University of California, Berkeley
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