The accused at the ICTY: Between disillusionment and resistance

Articles
By Mina Rauschenbach, Damien Scalia
English

Through an analysis of interviews carried out with eighteen individuals prosecuted at the International Criminal Tribunal for the Former Yugoslavia (ICTY), this article studies perceptions and experiences of the international judicial trajectory, with a particular focus on the procedural justice dimension of interviewees’ experiences. It highlights the importance of the absence of control in the process and the way in which they feel they were treated, as well as what these perceptions reveal in terms of power imbalances and identity concerns within the discursive reconstruction they provide of their judicial trajectory. In the face of a hope to participate actively in an inclusive justice, their discourse uncovers the wish to position themselves as rejecting the procedure; several forms of resistance emerge.

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