Between Justice and Stability. The Politics of War Crimes Prosecutions in Post-Milošević Serbia

Exploring the impact of the International Criminal Tribunal (ICTY) on regime change in Serbia, this book examines the relationship between international criminal justice and democratisation. It analyses in detail the repercussions of the ICTY on domestic political dynamics and provides an explanatory account of Serbia’s transition to democracy.

Lack of cooperation and compliance with the ICTY was one of the biggest obstacles to Serbia’s integration into Euro-Atlantic political structures following the overthrow of Milošević. By scrutinising the attitudes of the Serbian authorities towards the ICTY and the prosecution of war crimes, Ostojić explores the complex processes set in motion by the international community’s policies of conditionality and by the prosecution of the former Serbian leadership in The Hague. Drawing on a rich collection of empirical data, he demonstrates that the success of international judicial intervention is premised upon democratic consolidation and that transitional justice policies are only ever likely to take root when they do not undermine the stability and legitimacy of political institutions on the ground.

Contents:
+ Introduction: international justice and transitional democracy
+ Setting the context: Serbia’s protracted transition
+ Regime change and the politics of cooperation with the ICTY
+ International justice, state responsibility and truth-telling
+ Domestic war crimes trials
+ Conclusion: an ambivalent legacy

• Primary Source