Peace through Justice? The International Criminal Tribunal for the Former Yugoslavia

Abstract

The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 with an explicit mandate to contribute to the restoration and maintenance of international peace and security through the administration of justice. In spite of early difficulties and widespread scepticism, the Tribunal evolved into a fully functioning international criminal court, operating in real‐time over Kosovo in 1998–1999. From the point when the first arrests were carried out by international forces, in summer 1997, the ICTY was seen to be a key element of transition from war to peace in the former Yugoslavia. Critical to its success or failure, however, was the attitude of states in the region. This operated on two levels: first, without its own enforcement capability, the ICTY is wholly reliant on state cooperation in order to fulfil its judicial mandate; and second, the effective communication of its work is dependent on the attitude of the government and media in the states concerned. There is a symbiotic relationship between peace and justice, exemplified most clearly in the attitude of the European Union, which has made cooperation with the ICTY a sine qua non in accession negotiations. Dealing with the war crimes legacy is therefore recognised as important pragmatically in the short‐term in order to reap the benefits of membership in Euro‐Atlantic institutions. Behind this pragmatic approach lies the longer‐term and deeper impact that dealing with the war crimes legacy will have on future peace and security in the region.