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International Criminal Justice, The Gotovina Judgment And The Making Of Refugees, Gregor Noll, Rosemary Byrne

Gregor Noll

In this paper, we shall present two interlocking arguments, both drawing on a distinction between formal and substantive models of justice. In a first step, we depart from the accepted presumptions about the formal delivery of international criminal justice and its capacities to deliver peace and security, to consider how alternative views on the legitimacy of international criminal tribunals and retributive justice present some far more unsettling perspectives about the performance and promise of these nascent courts. If these issues are taken seriously, then one should reconsider whether international trials are able to deliver the broader forms of substantive justice …