Managing Transitional Justice by Ray Nickson & Alice Neikirk

Author:Ray Nickson & Alice Neikirk
Language: eng
Format: epub
Publisher: Springer International Publishing, Cham

Upon closer examination, the correlation between big fish and certain expectations of the court becomes more abundant. For instance, following the arrest of Milosevic, it is claimed that “[t]he trial could help calm the desire for revenge on the part of Mr. Milosevic’s victims , which would further the cause of Balkan reconciliation ” (Editorial 2001). It is also stated that “the transfer of Mr. Milosevic is a crucial and necessary step towards the reconciliation of Serbia with the rest of the world, let alone with the rest of the region” (Erlanger 2001). Further, it is claimed that “Mr. Milosevic’s trial would go a long way toward healing the divisions in Serbia, as well as rehabilitating the name of Serbs in the eyes of the world” (Fisher 2001). Such connection between big fish and expectations of the courts ’ role in reconciliation are evident at other arrests as well. The arrest of Ratko Mladic is feted as providing “an unprecedented opportunity for reconciliation among the fractious countries of the Balkans” (Castle 2011). One author in the NY Times voiced their expectation in this way: “We hope the arrest will also facilitate reconciliation among Bosnia’s ethnic factions” (Editorial 2011). Noticeably, the expectation that courts can assist victims finds greater voice at the arrests of bigger fish, particularly Milosevic (Crosette 2001), Karadzic (Bilefsky and Simons 2008), and Mladic (Castle 2011).

The attachment of so many expectations to a few individuals is not necessarily desirable. As became clear during the trial of Milosevic, the initial high expectations that the promise of his trial generated were often—if not completely—disappointed by the conduct of the proceedings and the whimper with which they concluded. In Fig. 5.6 we can see that many articles during the trial of Milosevic focused on negative features and events. For example, out of 131 articles published during this period, 11 were critical of the length of proceedings and 13 discussed the use of the trial as a political platform by Milosevic. The media portrayal of the Milosevic trial presented it more as a farcical drama than significant legal proceedings. Particular attention was given throughout to the many ways in which Milosevic challenged the legitimacy of the court. With 24 articles having discussed Milosevic’s challenges to the legitimacy of the Tribunal, this was by far the highest count for any issue during this phase (excluding references to the number and details of crimes). Frequent commentary also focused on the state of Milosevic’s health (13 articles or one in every 10 during this period). Although arguably an important aspect surrounding the trials , it may not have warranted the prominence over other aspects of the proceedings that it frequently received. The poor perception of the Milosevic trial is perhaps best expressed in the following passage regarding then chief prosecutor Del Ponte’s courtroom behaviour:

Fig. 5.6Dominant negative themes in NY Times coverage during the Milosevic trial

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