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The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy. By Rachel Kerr. Oxford, New York: Oxford University Press, 2004. Pp. viii, 239. Index. $98, £53. - Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal. By John Hagan. Chicago, University of Chicago Press, 2003. Pp. xxi, 274. Index. $29.

Published online by Cambridge University Press:  27 February 2017

Jenny S. Martinez
Jenny S. Martinez*
Affiliation:
Stanford Law School
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Abstract

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Type
Recent Books on International Law
Information
American Journal of International Law , Volume 99 , Issue 2 , April 2005 , pp. 523 - 527
Copyright
Copyright © American Society of International Law 2005

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References

1 Gary, Jonathan Bass, Stay The Hand of Vengeance: The Politics of War Crimes Tribunals 208 (2000)Google Scholar.

2 Id. at 283.

3 One could even press further and ask (though Kerr does not) what it really means to be apolitical and how being perceived as apolitical affects the legitimacy of an institution such as the ICTY.

4 For a further analysis of the conflicting influences on the Tribunal, see Allison, Marston Danner and Martinez, Jenny S., Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law, 93 Cal. L. Rev. 75 (2005)Google Scholar.

5 Compare, e.g., Prosecutor v. Krstić, Case No. IT–98– 33–A, Judgment (April 19, 2004) (affirming liability of defendant for Srebrenica massacre), with Prosecutor v. Kupreškić, Case No. IT-95-16-A, Judgment (October 23, 2001) (overturning conviction of certain defendants for Ahmići massacre based on insufficient evidence).