Tesi etd-01152017-105218
Link copiato negli appunti
Tipo di tesi
Perfezionamento
Autore
DODEVSKA, EMILIJA
URN
etd-01152017-105218
Titolo
n.p.The Role of the International Criminal Tribunal for the former Yugoslavia in Strengthening the Rule of Law and Public Acknowledgment of War Crimes: The Case of Croatia and Serbia
Settore scientifico disciplinare
SPS/04
Corso di studi
SCIENZE POLITICHE - Politics, Human Rights and Sustainability
Commissione
relatore DE GUTTRY, ANDREAS M.T.
Parole chiave
- Nessuna parola chiave trovata
Data inizio appello
13/07/2017;
Disponibilità
completa
Riassunto analitico
The main objective of the research is to examine the impact of the ICTY in the domestic legal and judicial system, and the impact on the process of the acknowledgment of war crimes by using two case studies: Serbia and Croatia.
In order to fulfill the above-stated objective, the research will examine ICTY’s legal reforms and their impact on the domestic legal and judicial system in Croatia and Serbia. The research will also examine the impact of the ICTY on domestic politics and on the social sphere in regards to the process of the acknowledgment of war crimes in Serbia and Croatia, respectively. This will be done by firstly examining the ICTY’s legal intervention in the legal and judicial system in Serbia and Croatia separately since the establishment of the ICTY, which will be followed by a comparative analysis of the case of Serbia with the case of Croatia in order to analyze whether the impact of to the ICTY differed and if so what were the reasons for that. Moreover, the analysis, which is in line with the interdisciplinary character of the PhD will demonstrate and compare the benefits and the drawbacks of the assistance of the ICTY in the legal and judicial sphere, the impact of this reforms on domestic politics as well as on the society in regards to the process of dealing with the past Serbia and Croatia since the establishment of the ICTY until today. Based on the conclusions of the analysis the research will provide recommendations for future cases of legal assistance provided by an international criminal tribunal or an international criminal court in the legal and judicial system, as well as on its impact in domestic politics and in the society in relation to the process of dealing with the past.
The importance of the research lies in its novelty. Namely, to date there is no scholarly research that explores the impact of the legal reforms suggested by the ICTY on the domestic judicial and legal system. Moreover, the research not only analyses the impact of those reforms on the domestic legal system, but also explores the impact of the legal transformations on domestic politics and the social sphere. By using two case studies, Croatia and Serbia, the research will demonstrate how the same Tribunal approaches and influences the legal systems, domestic politics and the process of dealing with the past in two different former Yugoslav countries. The analysis will be done for the time period since the establishment of the Tribunal until today, and this will also provide an opportunity for conducting a within-state comparison of the changes that occurred throughout the time and with the changing of the political regime in the two countries.
It is important to note that the findings can apply to other post-conflict settings, and the research will provide recommendations that can apply to other countries. The research will provide recommendations on how to achieve better effectiveness in situations of legal interference by an international tribunal or the International Criminal Court in the domestic legal spheres of a certain state. There will also be recommendations for future cases of legal reforms in the domestic legal system for incorporating war crimes and crimes against humanity as values in the domestic legal system of a country as well as in a society. Moreover, the research will provide recommendations on how to achieve more successful cooperation between international actors, a Tribunal, and a state in situations of transforming the national legal systems in post-conflict countries with the help of a Tribunal, or at the International Criminal Court.
In order to fulfill the above-stated objective, the research will examine ICTY’s legal reforms and their impact on the domestic legal and judicial system in Croatia and Serbia. The research will also examine the impact of the ICTY on domestic politics and on the social sphere in regards to the process of the acknowledgment of war crimes in Serbia and Croatia, respectively. This will be done by firstly examining the ICTY’s legal intervention in the legal and judicial system in Serbia and Croatia separately since the establishment of the ICTY, which will be followed by a comparative analysis of the case of Serbia with the case of Croatia in order to analyze whether the impact of to the ICTY differed and if so what were the reasons for that. Moreover, the analysis, which is in line with the interdisciplinary character of the PhD will demonstrate and compare the benefits and the drawbacks of the assistance of the ICTY in the legal and judicial sphere, the impact of this reforms on domestic politics as well as on the society in regards to the process of dealing with the past Serbia and Croatia since the establishment of the ICTY until today. Based on the conclusions of the analysis the research will provide recommendations for future cases of legal assistance provided by an international criminal tribunal or an international criminal court in the legal and judicial system, as well as on its impact in domestic politics and in the society in relation to the process of dealing with the past.
The importance of the research lies in its novelty. Namely, to date there is no scholarly research that explores the impact of the legal reforms suggested by the ICTY on the domestic judicial and legal system. Moreover, the research not only analyses the impact of those reforms on the domestic legal system, but also explores the impact of the legal transformations on domestic politics and the social sphere. By using two case studies, Croatia and Serbia, the research will demonstrate how the same Tribunal approaches and influences the legal systems, domestic politics and the process of dealing with the past in two different former Yugoslav countries. The analysis will be done for the time period since the establishment of the Tribunal until today, and this will also provide an opportunity for conducting a within-state comparison of the changes that occurred throughout the time and with the changing of the political regime in the two countries.
It is important to note that the findings can apply to other post-conflict settings, and the research will provide recommendations that can apply to other countries. The research will provide recommendations on how to achieve better effectiveness in situations of legal interference by an international tribunal or the International Criminal Court in the domestic legal spheres of a certain state. There will also be recommendations for future cases of legal reforms in the domestic legal system for incorporating war crimes and crimes against humanity as values in the domestic legal system of a country as well as in a society. Moreover, the research will provide recommendations on how to achieve more successful cooperation between international actors, a Tribunal, and a state in situations of transforming the national legal systems in post-conflict countries with the help of a Tribunal, or at the International Criminal Court.
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