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Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …