WHY THE MASTER CLASS?

LAW, HISTORY, POLITICS AND SOCIETY IN THE CONTEXT OF MASS

ATROCITIES

LAW

• MASS ATROCITIES AND POLITICAL VIOLENCE:• To understand what is a legal justice one has to

understand the applicable normative system, rules of procedure and legal theories as well as the evidence given at the particular trial. These subjects would normally only be of professional interest to lawyers, judges, scholars and students of law. However when dealing with mass atrocities and political violence there is a growing awareness of a need for an interdisciplinary approach to research and to the teaching of institutionalised legal responses to mass atrocities.

HISTROY

• At every war crimes trial, history will inevitably be discussed because, first, all sides - prosecution and all accused – will use the historical background to explain the conflict and its violent nature from their points of view.

HISTROY

• At every war crimes trial, history will inevitably be discussed because, first, all sides - prosecution and all accused – will use the historical background to explain the conflict and its violent nature from their points of view.

• Second, all sides might call expert witnesses on history to inform or educate the judges about the conflict.

HISTROY

• At every war crimes trial, history will inevitably be discussed because, first, all sides - prosecution and all accused – will use the historical background to explain the conflict and its violent nature from their points of view.

• Second, all sides might call expert witnesses on history to inform or educate the judges about the conflict.

• Third, every trial record will become a historical source and might contribute to new or extended historical interpretations of the given historical period. Yet, the lawyers and judges may draw very different conclusions from those drawn by historians, despite working from the same trial records.

HISTROY• At every war crimes trial, history will inevitably be discussed

because, first, all sides - prosecution and all accused – will use the historical background to explain the conflict and its violent nature from their points of view.

• Second, all sides might call expert witnesses on history to inform or educate the judges about the conflict.

• Third, every trial record will become a historical source and might contribute to new or extended historical interpretations of the given historical period. Yet, the lawyers and judges may draw very different conclusions from those drawn by historians, despite working from the same trial records.

• Mass atrocities trials produce extensive trial records that eventually become historical sources.

POLITICS

• New post-conflict political elites will try to interpret the ‘Legal Narrative’ as told in the courtroom and Legal Justice as articulated in court judgments to their own ends.

POLITICS

• New post-conflict political elites will try to interpret the ‘Legal Narrative’ as told in the courtroom and Legal Justice as articulated in court judgments to their own ends.

• There are different ways for political elites to (ab)use mass atrocities trials in achieving objectives other than justice.

POLITICS

• New post-conflict political elites will try to interpret the ‘Legal Narrative’ as told in the courtroom and Legal Justice as articulated in court judgments to their own ends.

• There are different ways for political elites to (ab)use mass atrocities trials in achieving objectives other than justice.

• They might use trials to influence the processes of shaping collective memory about the conflict or by stressing the wrongdoings and criminality of the ‘other side’ in the conflict while downplaying the role of their own side.

POLITICS• New post-conflict political elites will try to interpret the ‘Legal Narrative’ as

told in the courtroom and Legal Justice as articulated in court judgments to their own ends.

• There are different ways for political elites to (ab)use mass atrocities trials in achieving objectives other than justice.

• They might use trials to influence the processes of shaping collective memory about the conflict or by stressing the wrongdoings and criminality of the ‘other side’ in the conflict while downplaying the role of their own side.

• They might try to use the existence of war crimes courts to get rid of political rivals by influencing the indictment strategy of the courts – for example, by selectivity in what incriminatory evidence they provide to an international prosecutor from state archives.

• They may use the mass atrocities trials for immediate political objectives, such as accession to the EU.

SOCIETY

• What is the impact of mass atrocities trials on post-conflict societies? What is the reaction of the victims, of the Media and of NGOs? How easy or difficult is it for non-specialists to understand legal proceedings and to appreciate the impact of ‘Retributive Justice’, which is perpetrator oriented?

• What about ‘Restorative Justice’, which is victim oriented? How does one achieve reconciliation in post-conflict societies where the perpetrators and victims remain living close to, or even intermingled with, each other? Should reconciliation be a goal of Retributive Justice at all?

TARGET GROUP

• MA and PhD students of Law, History, Sociology, Politics, International Relations, Journalism, European Studies and related subjects.

COURSE DIRECTORS

• Sonja Biserko, President of the Helsinki Committee for Human Rights of Serbia,

• Sir Geoffrey Nice QC, Former Principal Prosecutor in the ICTY Case against Slobodan Milošević and Gresham Professor of Law, United Kingdom

• Nena Tromp, Former Leadership Researcher for the Prosecution at the ICTY; Lecturer at the Department of European Studies at the University of Amsterdam, The Netherlands)

FACULTY

• Right Honourable Lord Iain Bonomy (Former ICTY Judge and former Judge of Court of Appeal of Scotland)

• Ms. Haydee Dijkstal (International Criminal Lawyer, The Hague, The Netherlands)

• Mr. Rodney Dixon QC (International Criminal Lawyer, Temple Gardens Chamber, London, UK)

• Dr. Ivanka Dodovska (Faculty of Law, University of Skopje, The Republic of Macedonia)

• Professor Robert Donia (University of Michigan, USA; Prosecution Expert Witness at ICTY)

FACULTY

• Professor Žarko Korać (Member of Parliament of the Republic of Serbia)

• Judge Joanna Korner, QC (Former ICTY Prosecutor, Judge in UK)

• Professor Gjylieta Mushkolaj (Faculty of Law, University of Priština)

• Madam Doris Pack (EU Parliament Member)• Professor William Schabas (University of Leiden, The

Netherlands/University of Middlesex, UK)• Dr. Bill Wechsler (The Balkan Institute, Priština, Kosovo)

PARTICIPANTS

• Anika Auweiler (NL/Germany)• Alexandru Muraru (Romania)• Dea Marić (Croatia)• Gemma Whitehouse (UK)• Luz Balaj (Kosovo)• Pem Tshering (Bhutan)• Janna Bijzen (NL)• Ileen Vaart (NL)• Slaven Rašković (Croatia)• Anna Gopsill (UK)

PARTICIPANTS

• Aferdita Ndrepepaj (Albania)• Natalie Connor (UK)• Hikmet Karčić (Bosnia-Herzegovina)• Hannah Wright (UK)• Jovana Kokir (Serbia)• Gent Salihu (Kosovo)• Marieke Zoodsma (NL)• Josipa Jakšić (Croatia)• Dorien Admiraal (NL)

PARTICIPANTS

• Samantha Godec (UK)• Mara Tromp (NL)• Simon Crowther (UK)• Ekatarina Gabareva (Russia)• Koen Kluessien (NL)• Kastriot Orana (Kosovo)• Elise Noordeloos (NL)• Geert Luitjens (NL)

WHY DUBROVNIK?

IUCDubrovnik

Croatia

IUC, 1972

• Inter-university Centre in Dubrovnik• Cold War• Idea of a United Nations university was being discussed in

the late 1960s.• In a meeting of university leaders in Montreal in 1970, the

Rector of the University of Zagreb at that time, Ivan Supek, made a proposal that won wide support.

• The idea was to form an inter-university centre that is fully in the hands of the cooperating scholars and universities themselves – an institution free of government control, as he said.

IUC Dubrovnik

• City of Dubrovnik offered a building • in 1972 it became operational• The building, originally a school constructed in the first years

of the 20th century, was offered in 1971 by City of Dubrovnik to the University of Zagreb for the needs of of the IUC as well as other postgraduate programmes.

Dubrovnik

• Old Roman settlements Epidaurum and Ragusium

• Since 7th century populated by Slavs• 11th century the two settlements were united by

the street known as Stradun• Natural defense around the city: sea, the Srđ

Mount• Still it was ocupied byt the Byziantine empire

and Venice until 13th cenutry.

Old City

Short History

• City State modeled after the Venice• Republic of Dubrovnik (1358-1808)• 1808-1815- Part of the Napoleon Illyrian

Provinces• 1808-1917 – part of the Habsburg Empire• 1918-1941 – Kingdom of Yugoslavia• 1941-1943 – Under Italian occupation• 1945-1991- SFRY• 1991-today – Republic of Croatia

Republic of Dubrovnik (1358-1808)

Historical Events of Importance

• 1416 - Dubrovnik issued a decree on the abolition of slavery and the ban on the transport of slaves on its ships

• In the 15th century, there were about 40,000 inhabitants, which made it one of the major cities in Europe (London, about 50,000, Florence over 100,000).

• In Ulcinj – Boka Kostorska there are still black families decedents of the freed slaves from Dubrovnik Republic

Ottoman Empire

• Ottoman empire and their expansionism to the Balkans in the 15th century– was perceived as a major threat to the Holy See and Catholicism

• Dubrovnik Republic was the first to start doing business with the Ottomans which led to a great prosperity in the 15th and 16th century

The Ottoman Empire

• Republic of Dubrovnik decided on a policy of neutrality, positioning itself both a protégé of the Pope and a vassal to the sultan. This allowed its ships and traders to continue to work in a precarious environment.

• It entered a vassal state relationship with the Ottoman Empire paying tribute to the Sultan

Earthquake 1667

• Entire city almost destroyed and 5000 people killed

• Three quarters of the public buildings destroyed

• The beginning of the end of the Republic

French Conquest, 1808-1815

• 1808 –Napoleon’s conquest and the abolition of the Republic

Athens of the Balkans

Dubrovnik as Anti-Thesis of the Balkan Culture• Architecture• Science• Literature• Language• Democratic Tradition

28 June Assassination 1914

• Franz Ferdinand was on his way to Dubrovnik• They had a vacation house at the island of

Lokrum built there by Maximilian von Habsburg, the Emperor in Mexico

• In 1192 Richard The Lionheart when returning from the crusades was shipwrecked nearby Dubrovnik and was helped by the local people

• As gratitude – he gave money for a church

The Lokrum Curse

• When the Habsburgs got hold of Dubrovnik after the defeat of Napoleon they drove the monks away and used the premise as their summer house

• While leaving Lokrum, the legend says that they cursed the whole Habsburg familiy

• Franz Ferdinand was disuaded to go for an official visit to Sarajevo – especially on that date

• He decided not to listen to his advisors as t would be the first official visit to which he was alowed to take his wife – Sophia Chotek

• Afterwards they would travle to Lokrum

War in Croatia, 1991• Dubrovnik Republic did not believe in waging wars• The wars were bad for business• Diplomacy was the preferred option• Devastation of the city in the past were due to natural disasters and

earthquakes• No devastation during the WWII• In October 1991 – Dubrovnik was shelled as part of the Serbian

campaign for war In December 1991 the building housing the IUC was shelled, burned down, and was completely destroyed by the ex-Yugoslav army.

• In the period between December 1991 and October 1993 the IUC Secretariat was located in a small space of Matrix Croatica on Placa.

1991

Dubrovnik2014

• N 14th century Dubrovnik became an aristoricratic republic

• Prosperous during the Levant wars -Christianity and Ottoman rivarliry it established good relatinship with the

• Developed its own democracy – affluence – greed or envy

"the Great earthquake of 1667".

Why?

• Disintegration of Yugoslavia led to the creation of new successor states

• The violence was triggered in the territories with he overlapping territorial aspiration by two or more parties

• Dubrovnik was claimed in its Dubrovnik Republic territories by the Serb and Montenegrin leadership

• Not on ethnic but on historical arguments• It failed – despite the devastation of the town

22 Years After the War

• 2013 –Croatia and Dubrovnik are a part of the EU

• Is there any role left for an institutions as the IUC given its beginning as an institution, the foundation of which was driven by the Cold War division of Europe?

Mass-Atrocities and how to Deal with them

• Still very sensitive topic in the region• Not possible to hold this seminar in the region

with direct or indirect censorship• IUC – has international character and

academic freedom needed

1983

1990

ALUMNI

2014

2014

1984

FINANCES

• Private funding• Planethood Foundation• Inner Temple Inn• Croatian Ministry of EducationFrom 2015-2017 also• ACCESS EUROPE UvA – EU Jean Monnet

Centre of Excellence

FUTURE?

2015• History of Genocide as Told in Courtrooms:

20th Anniversary of Srebrenica Genocide