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Reclaiming JusticeThe International Tribunal for the Former Yugoslavia and Local Courts$
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Sanja Kutnjak Ivkovich and John Hagan

Print publication date: 2011

Print ISBN-13: 9780195340327

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780195340327.001.0001

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Individual and Collective Responsibility

Individual and Collective Responsibility

Structural Pre-Conditionality, Smoking-Gun Evidence, and Collective Responsibility

(p.84) 4 Individual and Collective Responsibility
Reclaiming Justice

Sanja Kutnjak Ivkovic´

John Hagan (Contributor Webpage)

Oxford University Press

Structural conditionality is the practice of powerful global actors providing financial assistance to countries with the explicit contingency that they take formally agreed-upon actions to reform their national economic, political, and legal systems. The terms of structural pre-conditionality may often be more vague than those of its more formal counterpart, but the scope and stakes of its application often are bigger. The precondition of structural reform often is experienced as an intervention into the domestic politics of the targeted, less powerful nations. It could also be understood as an instrument of soft power. The international community has used the practice of structural pre-conditionality to obtain cooperation by the governments of the former Yugoslavia, particularly Serbia, with ICTY requests. This chapter examines the use of structural pre-conditionality in the EU intervention, widely credited as leading to the arrest of Slobodan Milošević and his transfer to the ICTY. It analyzes how the exercise of structural pre-conditionality mediated and contextualized Serbian politics in ways that established a political foundation first for the Milošević arrest and, subsequently, for the Karadžić arrest.

Keywords:   ICTY, structural conditionality, structural pre-conditionality, Serbia, Slobodan Milošević, Karadžić

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