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THE FORA FOR JUSTICE
in Nuremberg were neither about the restoration and maintenance of peace nor
about reconciliation, enthusiastically assigned to the ICTY mandate.
Although not associated with restorative justice and reconciliation, the IMT
served some non-legal purposes, the most important being the truth-seeking and
establishing a valid historical record, which later did help in achieving reconciliation.
On the other hand, the ICTY legacy on peacebuilding and reconciliation adds
little to the prospect of international criminal justice. Nevertheless, if it made
little steps in promoting restorative justice and reconciliation in the region of the
former Yugoslavia, it does not mean that the ICTY has not made any step at all.
By determining the guilt of a defender in each particular judgment, the ICTY, to
borrow from Diane Orentlicher, has shrunk the space for denial of crimes, which,
together with other tools, can move closer towards reconciliation.”? But, unlike
the IMT, which due to its imperfections, smashed the space for denial, the ICTY,
due to its imperfections, has only managed to shrink it.
What is then to learn from the ICTY legacy regarding the relational approaches
to international criminal justice? The former ICTY president Justice Fausto Pocar
sent a strong message: “[...]}when judging a particular defendant, the Tribunal’s
imperative is to apply and be guided by neutral principles of justice. We shouldn't
have a second agenda, such as considering how or whether this judgment ‘may help
or not help reconciliation.”*° However, this is not to deny that restorative justice
and reconciliation are more than extended tool box in building post-war societies.
On the contrary, restorative justice and reconciliation are important implications
of justice claims, but how to frame them is an issue for a new discussion.
BIBLIOGRAPHY
AFP, UN Court Exposes Uneasy Legacy of Croatia’s ‘father’ Tudjman, France 24 (17
December 2017), https://www.france24.com/en/20171217-un-court-exposes¬
uneasy-legacy-croatias-father-tudjman.
ARENDT, Hannah, Eichmann in Jerusalem: A Report on the Banality of Evil, New
York, Penguin Books, 1994.
ARZT, Donna E., Nuremberg, Denazification and Democracy: The Hate Speech
Problem at the International Military Tribunal, New York Law School Journal
of Human Rights 12 (1995), 689-758.
29 For more see Diane Orentlicher, Shrinking the Space for Denial The Impact of the ICTY in
Serbia, New York, NY, Open Society Justice Initiative, 2008.
3° Cited in Marlies Glasius, Do International Criminal Courts Require Democratic
Legitimacy?, The European Journal of International Law 23 (2012), 43-66, 52.
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