Klaus Bachmann - The Loathed Tribunal. Public Opinion in Serbia Toward the International Criminal Tribunal for the Former Yugoslavia

2014 ◽  
Vol 7 (4) ◽  
pp. 567-591 ◽  
Author(s):  
James Meernik

Despite the fact that international courts have proven popular in the last 20 years, systematic and empirical inquiry to determine whether they are beginning to realize their objectives is a fairly recent phenomenon. Support among the publics in the affected countries is critical to their success for, as deGuzman writes, ‘… the globalization of communications increasingly means that an institution’s legitimacy depends on the opinions of ordinary citizens around the world’. I develop a theory of public opinion regarding international criminal justice and test it on support for the International Criminal Tribunal for the former Yugoslavia (ICTY), among peoples of the former Yugoslavia. I contend that support for the ICTY is filtered through individuals’ perceptions of the past, present, and future. As one’s beliefs about whether conditions are good or improving grow more positive, such positive perceptions are generalized to extend to international institutions that play a major role in shaping those conditions. In addition, I argue that support for the ICTY is strongly influenced by an individual’s views of the legitimacy and morality of the law. Ethnicity is also important in differentiating levels of support across the peoples of the former Yugoslavia.


2018 ◽  
Vol 10 (4) ◽  
pp. 463
Author(s):  
Mikloš Biro

The paper presents seven consecutive public opinion polls in Serbia (in the period 2000–2011) on the International Criminal Tribunal for the former Yugoslavia (ICTY) and its “partiality“ towards Serbs. The author connected changes in attitudes of citizens during the observed years with the public statements of the “national leaders“ about the Tribunal, as well as with the presentation of the facts of Serbian war crimes in Serbian media. Even though the observed correlation could not be interpreted in the terms of causal relation, the author pointed out to the importance of creators of the public opinion, and offered a possibility that the leading politicians and media in Serbia were not reactive to the attitudes of citizens (as they claimed) but vice versa – they created the public opinion of citizens by their statements or by presentation of the facts about Serbian war crimes.


2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.


Sign in / Sign up

Export Citation Format

Share Document