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International Trials, Rule of Law and Local Legal Consciousness in Croatia: Can International Justice Transform Local Norms? Katharine B

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International Trials, Rule of Law and Local Legal Consciousness in Croatia: Can International Justice Transform Local Norms? Katharine B University of Connecticut OpenCommons@UConn Doctoral Dissertations University of Connecticut Graduate School 5-10-2013 International Trials, Rule of Law and Local Legal Consciousness in Croatia: Can International Justice Transform Local Norms? Katharine B. Richards University of Connecticut - Storrs, [email protected] Follow this and additional works at: https://opencommons.uconn.edu/dissertations Recommended Citation Richards, Katharine B., "International Trials, Rule of Law and Local Legal Consciousness in Croatia: Can International Justice Transform Local Norms?" (2013). Doctoral Dissertations. 76. https://opencommons.uconn.edu/dissertations/76 International Trials, Rule of Law and Local Legal Consciousness in Croatia: Can International Justice Transform Local Norms? Katharine Brooks Richards, PhD University of Connecticut, 2013 In this dissertation I evaluate the efforts of international tribunals to strengthen the rule of law from the perspective of the people who were directly involved in the war crimes, whether as a victim, perpetrator, or both. My research in a small Croatian community is an investigation of the local legal consciousness to understand if tenets of the rule of law promoted by the tribunal are compatible with the prevailing norms. The focus on a community of Serb returnees and Bosnian Croat refugees highlights the concerns of minorities living in Croatia after the 1990s conflict that included ethnic cleansing, displacement and destruction of property in this area. The everyday conflicts that people must negotiate shape their views of accountability, fairness and security, all components of the rule of law. Most rule of law initiatives concentrate on institutional reforms, but here I emphasize the importance of a transformation of norms at the local level. Only a profound understanding of the local legal consciousness will allow initiatives to effectively promote change. In this analysis the local legal consciousness in Croatia does appear to support many components of the rule of law as it is conceived by the tribunal, Katharine Brooks Richards – University of Connecticut 2013 but it falls short of being considered a rule of law culture. There are considerable obstacles in the form of opposing norms that conflict with rule of law values. Those obstacles are: (1) the nature of law, (2) ethno-religious nationalism, (3) the impact of insecurity, and (4) the lack of political agency. The role of the Croatian government, particularly in its perceived shortcomings by the public, is integral to the relationship between the international and local. My research demonstrates that there are elements of the local legal consciousness that both reinforce and oppose the strengthening of the rule law. This understanding aids an assessment of how salient rule of law initiatives will be to local communities. What is at stake in this research is a fuller understanding of the apparently limited ability of the ‘international community’ to generate local support for international courts engaged in post-conflict reconstruction, reconciliation and accountability. International Trials, Rule of Law and Local Legal Consciousness in Croatia: Can International Justice Transform Local Norms? Katharine Brooks Richards B.A., University of Connecticut, 1999 M.A., University of Connecticut, 2005 A Dissertation Submitted in Partial Fulfillment of the Requirement for the Degree of Doctor of Philosophy at the University of Connecticut 2013 i Copyright by Katharine Brooks Richards 2013 ii APPROVAL PAGE Doctor of Philosophy Dissertation International Trials, Rule of Law and Local Legal Consciousness in Croatia: Can International Justice Transform Local Norms? Presented by Katharine Brooks Richards, B.A., M.A. Major Advisor ________________________________________________________ Richard A. Wilson Associate Advisor _____________________________________________________ Emma Gilligan Associate Advisor _____________________________________________________ Françoise Dussart University of Connecticut 2013 iii ACKNOWLEDGEMENTS My academic study has taken many turns and detours that would not have been possible to navigate without the support of my advisor Richard Wilson, who I must thank for helping me to find my way. Thanks also for all of the time spent mulling over the many drafts and having faith that it would come together. I deeply appreciate all of the discussions with members of my committee and others who took the time to talk – Emma Gilligan, Françoise Dussart, Samuel Martinez, and Rich Sosis. I must thank Tracey Andrews for always having an answer and words of encouragement. I cannot express enough gratitude to the people in Croatia who opened their homes and hearts to me. Their generosity and perseverance continue to amaze me. Any misrepresentations are my own, unintended, error. In this dissertation I chose to refer to people anonymously, but I hope they can see in my writing how much I respect their personal stories and dedication to creating a positive future. Many thanks from “Sister Kat.” My experience researching and writing this dissertation was, like the topic, a transformation of norms as I took on the roles of wife, mother, and teacher. The immeasurable help of my family and friends made it possible for me to juggle so many obligations along with unexpected challenges and their positive support cheered me on – thank you for your patience. I am grateful for my in-laws, Jef and Alma, and to Martha for support and help editing. I would especially like to thank my father, Bill, for passing on his love of learning, my mother, Sally, for her encouragement, and my sister, Betsy, for her motivation. To my daughter, Victoria, I give thanks for her vibrant spirit and the joy she brings to me. To my husband, Jonathan, I give thanks for his rock solid support and belief that I can do whatever I set out to do. iv TABLE OF CONTENTS Chapter 1 – The Rule of Law from a Local Perspective ............................................... 1 Introduction........................................................................................... 1 The Research Question ......................................................................... 3 The Research Focus .............................................................................. 5 Current Debates .................................................................................... 8 Organization........................................................................................ 10 Chapter 2 – Research Methods...................................................................................... 12 Refining the Scope and Methodology................................................. 12 Field Sites in Croatia........................................................................... 14 Building Local Connections ............................................................... 16 Data Collection ................................................................................... 19 Analytical Constraints......................................................................... 22 Local History ...................................................................................... 24 Current Life, Needs and Challenges ................................................... 29 Chapter 3 – Anthropology and the Rule of Law.......................................................... 39 Anthropology and Law ....................................................................... 39 International Human Rights Law........................................................ 42 Interaction between the Local and Global .......................................... 47 The Many Conceptions of “the Rule of Law” .................................... 49 International Perspectives ................................................................... 56 Transitional Justice, Development and the Rule of Law .................... 59 Strengthening the Rule of Law ........................................................... 65 The Rule of Law as Accountability, Fairness and Security................ 67 Chapter 4 - A Local Perspective.................................................................................... 68 Croatia’s Relationship with the ICTY ................................................ 68 Local Perceptions of the ICTY ........................................................... 77 Human Rights and Domestic Courts................................................... 89 Local Ideals of Justice......................................................................... 93 v Negotiating Everyday Conflicts.......................................................... 97 Chapter 5 – An Assessment of the Rule of Law in Croatia....................................... 111 Understanding Local Legal Consciousness ...................................... 111 Accountability................................................................................... 112 Fairness (Consistency and Impartiality) ........................................... 116 Security ............................................................................................. 120 Comparison with Other Rule of Law Measures ............................... 125 A Victim Perspective ........................................................................ 128 A Rule of Law Culture?.................................................................... 133 Chapter 6 - Obstacles to Rule of Law Initiatives ....................................................... 139 The Nature
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