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- Title
STRUCTURAL PRE-CONDITIONALITY, SMOKING GUN EVIDENCE AND COLLECTIVE COMMAND RESPONSIBILITY FOR WAR CRIMES IN THE FORMER YUGOSLAVIA.
- Authors
Hagan, John; Ivkovic, Sanja Kutnjak
- Abstract
The European Union is credited with compelling the arrest of Radovan Karadzic by pre-conditioning EU membership for Serbia on the apprehension and transfer of war crimes suspects to the International Criminal Tribunal for the former Yugoslavia. We demonstrate with 2005 survey data from Belgrade how this form of structural preconditionality influenced public acceptance of "smoking gun" video evidence of collective command responsibility for war crimes by Milosevic-era leaders. This public acceptance of collective responsibility was influenced by recognition of the importance of joining the EU, by support for the pro-EU Serbian Democratic Party and opposition to the anti-EU Serbian Radical Party. Local party politics created a context for a wider public acceptance of the collective command responsibility of Serbian war crimes suspects. We use a cross-level hierarchical linear model to show how this latter contextual effect had a multiplicative impact that widened acceptance of video evidence of the Srebrenica massacre. We discuss implications of the Karadzic arrest and the EU structural pre-conditionality policy for war crimes charges against the Sudanese government leadership in Darfur.
- Subjects
SERBIA &; Montenegro; LEGAL evidence; EUROPEAN Union membership; INTERNATIONAL Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991; WAR crimes; FORMER Yugoslav republics
- Publication
UCLA Journal of International Law & Foreign Affairs, 2009, Vol 14, Issue 1, p149
- ISSN
1089-2605
- Publication type
Article