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TARGETS OF INTERNATIONAL JUSTICE: Yugoslavia and Rwanda

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This book of essays and articles spans two decades and three continents. The essays are an attempt to understand and critique the puzzling development of international criminal tribunals that emerged suddenly after the end of the Cold War, though many decades of formal and informal efforts to create an international body with jurisdiction over criminal offenses of an international nature—and notably aggression, forgotten by the new Security Council bodies—had failed. The chapters assembled in this book besides analyzing the positions, claims and what even passes for theories in various disciplines deployed within a novel post-Cold War field of “International Justice” also paints these endeavors as tools for justifying the foreign policies of the hegemonic United States and its subservient allies. Without explicitly reducing the international justice discourse, both public and academic, to outright propaganda, we deliberately present Yugoslavia and Rwanda as targets of international justice, countries that are literally no more or so dramatically transfigured that the flags from the cover of this book no longer stand for anything. No doubt many among those who had found their academic niche as contributors to some aspect of international justice discourse will find our position surprising, exaggerated, and even shocking. In the end, whatever the shock value of this book, our hope is that its readers, particularly the uninitiated, will find our arguments compelling and useful.
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In this article I view “ethnic cleansing” in terms of the structural logic advanced by Mary Douglas (1966) and manifested in the constitutions of the republics of the former Yugoslavia. These constitutions reify and objectify “culture” in ways that provide the conceptual, ideological, political, and legal justifications for processes of exclusion, from the denial of citizenship to expulsion and murder. The analysis is grounded in the texts of the constitutions read against local Yugoslav understandings of their terms, in the bureaucratic practices of granting and denying citizenship on an ethnic basis, and in the geography of the wars in the former Yugoslavia. [Serbia, Croatia, Bosnia-Hercegovina, nationalism, ethnicity, law, genocide]
Article
Although democratic theorists recognize an independent media as central to the proper functioning of democratic institutions, democratic governments often exploit their citizens' faith in that independence to generate popular support or at least acquiescence for government policies. This article uses the examples of Operation Horseshoe and the fighting at Račak and Rugovo during the Kosovo conflict of 1998 and 1999 to illustrate how democratic governments in the US and Germany attempted to manipulate public perceptions of the Kosovo conflict to justify the 1999 war. The study reviews over 100 newspaper articles, found in the Lexis-Nexis database, and numerous scholarly articles to trace the development of these specific narratives. The article shows the construction of two illusions: the illusion of multiple sources and the illusion of independent confirmation. In the end, these `truths' and frameworks filter into scholarship, as many scholars begin to base their interpretations on these `facts'.
253 3. International Criminal Law and Genocidalism 3.1. Genocide 129 As military aide to Richard Holbrooke during the 1995 Dayton Peace Accords, as Director for Strategic Plans and Policy within the Joint Chiefs of Staff from 1994 to 1997, and as Supreme Allied Commander of NATO from
  • . . Conclusion
Conclusion....................................................................253 3. International Criminal Law and Genocidalism 3.1. Genocide 129 As military aide to Richard Holbrooke during the 1995 Dayton Peace Accords, as Director for Strategic Plans and Policy within the Joint Chiefs of Staff from 1994 to 1997, and as Supreme Allied Commander of NATO from 1997 to 2000.
How We Trained Al-Qa'eda
  • O' Brendan
  • Neill
Brendan O'Neill, "How We Trained Al-Qa'eda," The Spectator, November 22nd, 2003, <http://www.spectator.co.uk/article.php3? 2003-09-13&id=3499#articletop>.
Universal Declaration of Human Rights, Article 10; International Covenant on Civil and Political Rights, Article 14; European Convention on Human Rights, Article 6; African Charter of Rights, Articles 7 (d) and 26
  • Craig Pyesjosh Ibid
  • William C Meyer
  • Rempe
Ibid., and Craig Pyesjosh Meyer and William C. Rempe, "Terrorists Use Bosnia as Base and Sanctuary," Los Angeles Times, October 7, 2001; Michel Chossudovsky, "Regime Rotation in America: Wesley Clark, Osama bin Laden and the 2004 Presidential Elections," Center for Research on Globalization, October 22nd, 2003, <http://globalresearch.ca/articles/CH0310B.html>. 132 See for example: Cliff Kincaid, "Wesley Clark's Ties To Muslim Terrorists," Accuracy in Media, September 17, 2003; Nikolaos Stavrou, ______________ 143 U.S. Department of State, International Information Programs, "U.S. Restates Objections to International Criminal Court U.S. statement to General Assembly Sixth Committee," of October 14, 2002. See <http://usinfo.state.gov/topical/pol/usandun/02101615.htm>. 144 Universal Declaration of Human Rights, Article 10; International Covenant on Civil and Political Rights, Article 14; European Convention on Human Rights, Article 6; African Charter of Rights, Articles 7 (d) and 26; American Convention, Article 8(1); Basic Principles on the Independence of the Judiciary. According to the UN Human Rights Committee, the right to be tried before an independent tribunal "is an absolute right that may suffer no exception": González del Río v. Peru, (263/1987), 28 October 1992, Report of the HRC, vol. II, (A/48/40), 1993, paragraph 20.
Response to Josip Glaurdić's Review' (2010) 24 East European Politics and Societies 310
  • Charles Ingrao
  • Thomas A Emmert
Charles Ingrao and Thomas A. Emmert, 'Response to Josip Glaurdić's Review' (2010) 24 East European Politics and Societies 310, 314-315.
During the Last Three Decades' (1983) Anthropology of East Europe Review 11, 27. (This point was also recognized in E.A. Hammel, 'Lessons from the Yugoslav Labyrinth
  • Mark Wolfgram
Mark Wolfgram, "Democracy and Propaganda: NATO's War in Kosovo" (2008) 23 European Journal of Communication 153. ______________ During the Last Three Decades' (1983) Anthropology of East Europe Review 11, 27. (This point was also recognized in E.A. Hammel, 'Lessons from the Yugoslav Labyrinth' in Joel M. Halpern and David A. Kideckel, Neighbors at War: Anthropological Perspectives on Yugoslav Ethnicity, Culture, and history (The Pennsylvania State University 2000), 24.)
Yugoslavia Seen Breaking up Soon: C.I.A. Paper Predicts Action in 18 Months and Adds Civil War Likely
  • David Binder
David Binder, 'Yugoslavia Seen Breaking up Soon: C.I.A. Paper Predicts Action in 18 Months and Adds Civil War Likely' New York Times (New York, 28 November 1990) 7.