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On the Ground Perceptions of International Criminal Tribunals

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On the Ground Perceptions of International Criminal Tribunals (In)Humanity on Trial: On the Ground Perceptions of International Criminal Tribunals by Izabela Steflja A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Graduate Department of Political Science University of Toronto © Copyright by Izabela Steflja 2015 (In)Humanity on Trial: On the Ground Perceptions of International Criminal Tribunals Izabela Steflja Doctor of Philosophy Graduate Department of Political Science University of Toronto 2015 Abstract The purpose of this dissertation is to understand how international criminal tribunals (ICTs) are received in different contexts. The dissertation is driven by the following puzzle: Why has there often been a negative response to international criminal tribunals (ICTs) in local communities that have been victim to the crimes that these institutions are prosecuting? I examine this puzzle through local responses to the International Criminal Tribunal for former Yugoslavia (ICTY) in Bosnia and Herzegovina (BiH) and Serbia, and the International Criminal Tribunal for Rwanda (ICTR) in Rwanda. The findings are based on three research trips to each country, including nine consecutive months of fieldwork in Rwanda and six consecutive months of fieldwork in BiH and Serbia, and over 136 successful semi-structured and open-ended interviews with a variety of local actors. My data suggest that the two ad hoc tribunals were not successful at establishing themselves as legitimate and credible mechanisms of transitional justice. The locals in each country believed that they were not the primary beneficiaries of ICTs, and that that the ICTs paid insufficient attention to the dynamics between tribunal demands and proceedings, and political events on the ground. My findings show that, first, in each case, local actors in power – those connected to past regimes who were responsible for the 1990s atrocities, and those who were part of new regimes – adapted well to the conditions set by ICTs, manipulating the tribunals for their own political goals and influencing the perception of these institutions among the local populations. Second, ICTs had a serious impact on domestic politics, feeding into power struggles between domestic and international actors and between factions on the ground. This outcome had significant implications for political transitions in the three countries, many of which were unintended and contrary to the aims and expectations of the tribunals. ii Acknowledgments It takes a village (and in my case a few villages on three different continents) to write a dissertation. This academic journey begun when I walked into the Politics of Development class in my second year of undergrad at the University of Toronto and saw Professor Richard Sandbrook give a lecture on Tanzania with unmatched passion. This class changed the direction of my studies and motivated me to do fieldwork in Sub-Saharan Africa. I am grateful to Professor Sandbrook for being a great source of inspiration and wisdom over the years. I am also grateful to him for directing me to Professor Antoinette Handley in my forth year of undergrad for a senior thesis study. Antoinette Handley taught me how to carry out my first independent study and sent me off to McGill University for graduate school. Two years later, upon my return to the University of Toronto, she agreed to supervise my PhD and has been my patient guide through every step of the process. I was blessed to have a supervisor who read every word that I wrote, patiently correcting my broken English, my grammar, and my (very annoying) use of passive voice. She never failed to provide brilliant constructive criticism that pushed me intellectually and made me work strenuously, yet never made me doubt that the goal was within reach. She went that extra step for me that so many other supervisors do not for their students and for that I am truly grateful. If one day I am able to supervise my students with the same degree of diligence, attentiveness, professionalism, and care, I will have more than succeeded. I am also indebted to the other two members on my supervisory committee, Professor Jeffrey Kopstein and Professor Lee Ann Fujii. I thank Professor Kopstein for his support over the years and his relentless enthusiasm for the subject matter of my study. Most of all I thank him for believing in the significance and potential contribution of this project, even at times when I was unsure of it myself. I thank Professor Lee Ann Fujii without whose expertise on Rwanda and Bosnia this work would not have been nearly as good. Her exemplary approach to how we should think and write about conflict and identity is imprinted all over this dissertation, and is something that I will carry with me for years to come. I also appreciate Professor Fujii’s iii seemingly unlimited attention to my project, her willingness to read my work carefully numerous times, and provide detailed comments and fruitful suggestions - often in Serbo-Croatian! I am also thankful to my internal external examiner, Professor Courtney Jung, for reading my dissertation carefully and in such a timely manner. Her candid support for the normative aspect of this dissertation has meant a lot to me, and her extremely positive report was the best surprise I could have received in the last stages of this very long and difficult process. I thank my external examiner, Professor Victor Peskin, for taking the time to read my dissertation twice and very diligently. I was very lucky to have the opportunity to enjoy such an engaging discussion with a key expert in my field during my oral defense. Undoubtedly, Professor Peskin’s advice will be useful for years to come. I feel truly indebted to my supervisor, committee members, and external readers for their guidance, and I could not have asked for a better experience. At the University of Toronto, I thank Professor Paul Kingston for his support and encouragement over the years, for setting an example for how to teach well and engage students, and for the opportunity to practice my own teaching skills on his students. I extend my gratitude to Professor Ed Schatz for teaching me research methods in the most enjoyable way possible and for his tremendously useful advice on publishing in academic journals. I thank Professor Krista Hunt for helping me understand how to maneuver gender issues in academia. I also thank Professor Peggy Khon for extremely valuable academic job market advice. Finally, Joan Kallis, Briggite Gonzalez, Audrey Glasbergen, Louis Tentsos, Elizabeth Jagdeo, Mary-Alice Bailey, and especially Carolynn Branton kindly made sure that I stay on top of the administrative requirements and have a smooth and successful ride out of the program. At McGill University, I am indebted to Professor Juliet Johnson for guiding me through the transition from undergraduate to graduate studies and continuing to be an exceptional mentor years after I completed my Master’s degree. I also thank Professor Khalid M. Medani for his endless encouragement, positive thinking, and friendship, during my Master’s studies and beyond. I would like to acknowledge the support I received from the Ethnicity and Democratic Governance (EDG) project, and especially Professors Alain Gagnon and Jacques Bertrand. At the London School of Economics and Political Science (LSE), I thank Professors Tim Allan and Mary Kaldor for providing me with enriching experiences and academic homes in the Department of International Development and the Security in Transition Programme. I would also like to acknowledge the support I received from Jennifer Simons at the Simons Foundation, iv and Professors Alec Dawson and John Harris at the School for International Studies (SIS) at Simon Fraser University (SFU) in the last stretch of this process. My postdoctoral fellowship and faculty and staff at SIS were an enormous source of support in the last two months of this degree. I also thank The Hon. Louise Arbour whom I had the privilege to meet and work with in the very last stretch of this process and in her capacity as the Simons Visiting Chair in Dialogues on International Law and Human Security at SIS. I feel blessed to have had the opportunity to be mentored by not only a legendary figure in my field and a remarkable Canadian, but also an extremely genuine individual. Without the very generous financial support from the federal government of Canada and other donors my Ph.D., as well as my Master’s and undergraduate degrees, would not have been possible. I would like to acknowledge the Joseph-Armand Bombardier Canada Graduate Scholarships (Masters and Ph.D.) from the Social Sciences and Humanities Research Council of Canada (SSHRC), Michael Smith Foreign Study Supplement (SSHRC), the Ontario Graduate Scholarship (OGS), the Simons Foundation Research Fellowship, the Centre for International Governance Innovation (CIGI) Africa Initiative Graduate Research Grant, the Queen Elizabeth II ‘Aiming for the Top’ Scholarship, International Studies Association, Women in International Security, Security in Transition, and various fellowships, scholarships, awards, and travel and conference grants from the University of Toronto School of Graduate Studies and the University of Toronto Political Science Department. My fieldwork would not have been possible without a number of tremendously open- hearted and open-minded individuals. I particularly appreciate the assistance of two professors who generously provided me with an institutional base during my fieldwork. In the Balkans that was Professor Radmila Nakarada at the Centre for Peace Studies at the University of Belgrade and in Rwanda that was Professor Paul Rutayisire at the Centre for Conflict Management at the National University of Rwanda in Kigali. A big thank you goes out to those who kept me sane during my fieldwork in the Balkans, mainly my childhood friends Milana Mosurović (and all of her friends) and Maja Gulan, my cousins, Dragana and Zoran Kačina, and my aunt and uncle who are my second set of parents, Zorica Birg and Duško Kačina.
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