1. Assessing the impact: Bosnia and Herzegovina and the International Criminal Tribunal for the former Yugoslavia (ICTY); 2. Crafting the polity: transitional justice and democratization in Bosnia and Herzegovina; 3. An unfavorable context: war, Dayton, and the ICTY; 4. Expanding the norm of accountability: Srebrenica's survivors, collective action, and the ICTY; 5. Making progress with few resources: civil society and the ICTY; 6. Narrative and counter-narrative: the case of the Čelebići trial; 7. From the battlefield to the barracks: the ICTY and the Bosnian armed forces (AFBIH); 8. Localizing war crimes prosecutions: the Hague to Sarajevo and beyond; 9. Conclusion.
This study shows the impact of the ICTY on Bosnian society and its role in translating international law in domestic contexts.
Lara J. Nettelfield is a Lecturer in International Relations at Royal Holloway, University of London. Prior to joining Royal Holloway, she taught at the University of Exeter and Columbia University in New York City. She has published in the International Journal of Transitional Justice and the Canadian International Council's International Journal. She has worked for the International Commission on Missing Persons (ICMP), the NATO Parliamentary Assembly (NATO PA) and the Organization for Security and Cooperation in Europe (OSCE), in addition to nongovernmental organizations in Bosnia and Herzegovina. Nettelfield's writing has also appeared in the Los Angeles Times, the Globe and Mail and the Vancouver Sun. Her research has been funded by Fulbright Hays, the German Marshall Fund, the Social Science Research Council (SSRC), the International Research and Exchange Board (IREX), the American Councils for International Education: ACTR/ACCELS, and Columbia University's Harriman Institute. She holds a Ph.D. from Columbia University and an A.B. from the University of California, Berkeley. Courting Democracy in Bosnia and Herzegovina won the 2011 Marshall Shulman Book Prize of the Association for Slavic, East European, and Eurasian Studies (ASEEES).
Reviews of the hardback: 'This book is essential reading for anyone
interested in war crimes tribunals and their place in transitional
justice. Nettelfield's wide and thorough research in the literature
and on the ground in Bosnia and Herzegovina make this work stand
out in a field already heavily populated. It represents a well
balanced and realistic assessment of the record of the
International Criminal Tribunal for the former Yugoslavia.' Richard
Goldstone, former chief prosecutor, United Nations International
Criminal Tribunals for Yugoslavia and Rwanda
'Elegantly written and drawing on years of meticulous empirical
research, Courting Democracy in Bosnia and Herzegovina is a major
contribution to theoretical and policy debates on the role of
international justice institutions. Nettelfield robustly challenges
conventional critical assessments of the International Criminal
Tribunal for the Former Yugoslavia (ICTY) and in so doing, changes
forever the terms of the discussion about the impact of the ICTY in
Bosnia-Herzegovina. Should be required reading in courses on human
rights, international criminal law and political transitions in
post-conflict settings.' Richard A. Wilson, Gladstein Chair of
Human Rights and Director of the Human Rights Institute, University
of Connecticut
'This work is elegant in its rigor; lively in its tone; and
uplifting in its spirit. Nettelfield gracefully moves us beyond
turgidly contemptuous or blindly enthusiastic assessments of the
relevance of international criminal law. She charts the field's
role in post-conflict transition – a modest role, to be sure, and
certainly a nuanced one, but also one that fosters democratic
development. The book is a must-read for anyone concerned with
Bosnia, transitional justice, and the role of law in life. A
tour-de-force!' Mark A. Drumbl, Class of 1975 Alumni Professor and
Director, Transnational Law Institute, Washington and Lee
University School of Law
'Friends of international justice will welcome this balanced,
methodologically rigorous assessment of popular responses to the
ICTY in the Western Balkans … With its nuanced presentation of the
Tribunal's impact, this work amply identifies missteps and pitfalls
while providing gracious encouragement to proponents of
international jurisprudence.' Robert Donia, University of
Michigan
'Lara Nettelfield has masterfully documented and analyzed the true
impact of the International Criminal Tribunal for the Former
Yugoslavia on Bosnian society since 1993. She challenges
conventional wisdom by demonstrating the tribunal's modest but
largely positive contribution to the democratic development of
Bosnia and Herzegovina, including the introduction of new social
movements for accountability. This book slays a few dragons and
introduces refreshing clarity to a very challenging subject.' David
Scheffer, Northwestern University School of Law, and former US
Ambassador for War Crimes Issues (1997–2001)
'With a soft yet firm voice, backed by exceptionally thorough
research, Nettelfield argues that the … [ICTY] has helped form
attitudes and institutions essential to a democratic outcome in
war-ravaged Bosnia. It is not an easy argument to make given the
impediments to the tribunal's success, its own deficiencies, and
the headwind of skepticism coming from the analytic community over
the effectiveness of such tribunals. All of this she accepts, but
then, thanks to a carefully crafted superstructure drawing together
different theoretical literatures and … ten years of exacting
research … [she] makes a compelling case for the ICTY's larger
positive effects. Whether directly, indirectly, or sometimes
negatively, it has fostered new assumptions about 'justice and
accountability' among Bosnians, stirred the formation of
civil-society groups determined to fight for these things, and
helped create local court institutions capable of carrying on the
work.' Robert Legvold, Foreign Affairs
'This study of the influence of the International Criminal Tribunal
for former Yugoslavia on society in Bosnia and Herzegovina is a
must read for all those trying to understand the complicated system
of international justice. After … years of research, conducting
hundreds of interviews, Nettelfield has come up with some answers
or at least identified certain crucial points that illuminate the
different aspects of the international justice system, and pinpoint
its weaknesses, what needs to be improved and what is good about
it. The book is important for people in the region, but also for
all those working in the international community who are trying to
find answers to the complicated problems that still affect the
region. Hopefully, this book will be translated into Bosnian and
included into course material for universities throughout the
region.' Nidzara Ahmetasevic, Balkan Insight, Balkan Investigative
Reporting Network (BIRN)
'Nettelfield's law and society approach seeks to measure the
transformative potential of international criminal law, taking into
consideration the literature on law and society as well as on the
anthropology of law. Next to many very stimulating general
theoretical and policy thoughts on the role of the international
justice institutions, this book - viewing the Tribunal as a tool
for social changes, paying attention to how international law is
used in an everyday context - examines on the one hand the
Tribunal's impact on Bosnia's judicial system through the
reappointment of all prosecutors and judges, the creation of a War
Crimes Chamber at the Court of Bosnia and Herzegovina, and the
search for a strategy to guide prosecutions … while, on the other
hand, focusing on the evolution of the attitudes and
representations of various segments of the population towards the
Tribunal.' Christophe Solioz, The Slavonic and Eastern European
Review
'This extraordinary book has a talented scholar at its helm.
Nettelfield … displays two very important attributes that rarely
occur simultaneously … On the one hand, she is a scholars' scholar:
a researcher who grounds her observations in qualitative data …
Most of us who conduct qualitative field research in postconflict
areas stand in awe of [her] data-driven work … On the other hand
[she] is an activist's scholar: she is not afraid of linking her
academic findings to the political goals of domestic social
movements and to the challenges created when international
institutions refuse to aid the work of the [ICTY] … [This volume]
joins a long list of books and academic journal articles that
consider the impact of the UN's establishment of the ICTY. The
scope of its inquiry, the depth of methodology, and the
persuasiveness of its argumentation make it one of the best.' Julie
Mertus, Slavic Review
'One of the richest studies ever written on the relationship
between the work of the ICTY and the socio-political dynamics in
Bosnia. The study successfully widens the analysis to assess the
more long-term effects of the Tribunal. The analysis shows that the
work of the ICTY has become a crucial piece in the complex picture
of Bosnia's post-war democratization, state-building and
reconciliation. The book by Lara Nettelfield will undoubtedly
become an indispensable reading for all those interested in
contemporary Bosnia and a useful study for transitional justice
scholars.' Ioannis Armakolas, Southeast European and Black Sea
Studies
'Nettelfield's focus on local populations in Bosnia is refreshing,
and it is key to an evaluation of any international court's impact
in a post-conflict society. International legal scholars often
neglect local voices, something Nettelfield does well to address.
She is leading the way for other scholars. While victims' and
locals' increased sense of justice will not silence all critics of
the ICTY, it gives powerful sway to Nettelfield's argument: the
ICTY has furthered transitional justice, at least in Bosnia. She
does a service by showing us how to look at the right evidence, and
fairly.' Sue Guan, The Yale Journal of International Law
'Courting Democracy [in Bosnia and Herzegovina] is a substantive,
well-researched study of the domestic effects of an important
international institution, even though not all readers will be
convinced by the generally positive conclusions. In particular, the
lack of a common narrative and national identity in Bosnia gives
pause to the strength of the democratization process. But the
court, as Nettelfield rightly notes, should not be expected to
speak to or solve many of the complexities of contemporary Bosnia.
This well-written, well-documented, and intriguing book should be
of interest to a broad range of scholars in the fields of human
rights, international law, democratization, transitional justice,
and Balkan politics. It should also be well suited for advanced
undergraduate courses and graduate courses in these areas.' Safia
Swimelar, Nationalities Papers
'… Lara J. Nettelfield shows that over the longer haul, the ICTY
has had tremendously positive impacts on the societies where the
violence actually took place. This book now offers substantial
evidence that war crimes trials can do more than just punish a few
individuals who are guilty of atrocities; they also can create a
record of facts, and help to build the culture of accountability
that is an essential component of peace processes and transitions
to democracy. Nettelfield's approach to gathering evidence is
exhaustive. She spent years interviewing, observing, and working
with the local community groups in Bosnia-Herzegovina that are the
main focus of her analysis. Her broader generalizations are
supported by adherence to the highest standards of research design,
including carefully designed stratified sample surveys, but the
fact that she knows well the people she is writing about is evident
on nearly every page.' Michael Struett, Southeastern Europe
'[Courting Democracy in Bosnia and Herzegovina] is a significant
contribution to the tribunal literature, as well as to our
understanding of the complexities of postwar Bosnia-Herzegovina.
Nettelfield's years of fieldwork in Bosnia-Herzegovina, expertise
in language and politics, the sophistication of her methodological
approach (including innovative survey research), her situating
social movements in the complex context of postwar
Bosnia-Herzegovina, and the important history of survivors' quest
for justice and personal legitimacy combine to make this book
required reading for anyone interested in Bosnia-Herzegovina and
transitional justice. Moreover, the book makes the compelling
argument that future scholars should pay more attention to the
indirect ways in which tribunals shape post-conflict societies.'
Victor Peskin, Southeastern Europe
'Nettelfield is to be commended on the intrinsic details that she
provides about cases she discusses while trying to develop an
overall picture of the issue at hand … the originality of this
comparative analysis, abundant in empirical proof, stands out in
three ways: in the field of research, in the focus of the
researched parameters and in the complex methodology.' Vanja
Petrièeviæ, Europe-Asia Studies
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