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Internationalised justice and democratisation: how international tribunals can empower non-reformists

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Abstract This article examines the relationship between international criminal justice and democratisation processes in post-conflict settings, illustrating that international tribunals did not contribute to democratisation in the cases of Serbia,… Click to show full abstract

Abstract This article examines the relationship between international criminal justice and democratisation processes in post-conflict settings, illustrating that international tribunals did not contribute to democratisation in the cases of Serbia, Kosovo and Rwanda. The argument that tribunals have willingly or inadvertently empowered local non-reformist factions is rooted in the agency of local elites. The findings suggest prioritisation of international over localised knowledge, political over victim interests and stability over judicial independence. This article makes a contribution to the emerging, critical literature on the dynamics between institutions of international criminal law and their socio-political environments, drawing attention to volatile effects of internationalised justice.

Keywords: justice; internationalised justice; democratisation; international tribunals; justice democratisation; democratisation international

Journal Title: Third World Quarterly
Year Published: 2018

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