BREAKING THE WALL OF IMMUNITY - QUESTIONS RAISED BY EICHMANN, FILARTIGA, PINOCHET AND MILOSEVIC TRIALS
(2002)Department of Law
- Abstract
- As the wars on the Balkans emerged in the early 1990's and continued to colour the European reality over almost a decade, a fierce debate regarding questions of guilt, necessary actions, and roads to peace was initiated. In Sweden it was not as broad and competent as in other European countries, but it did allow certain odd features in the everyday life, such as a party, 'the Sarajevo-list', which was mainly occupied with the issue of breaking the siege around Sarajevo. The large groups of refugees that fled the countries, or were rescued out of them, were sheltered in several European countries, but also in other parts of the world, ranging from the USA to Indonesia. Currently, the re-construction of the region is underway, and countries... (More)
- As the wars on the Balkans emerged in the early 1990's and continued to colour the European reality over almost a decade, a fierce debate regarding questions of guilt, necessary actions, and roads to peace was initiated. In Sweden it was not as broad and competent as in other European countries, but it did allow certain odd features in the everyday life, such as a party, 'the Sarajevo-list', which was mainly occupied with the issue of breaking the siege around Sarajevo. The large groups of refugees that fled the countries, or were rescued out of them, were sheltered in several European countries, but also in other parts of the world, ranging from the USA to Indonesia. Currently, the re-construction of the region is underway, and countries are offering aid in exchange for stability and order - the Balkans are indeed still far from over with intolerance and conflicts. Since the region has in one way or another occupied the interest and efforts of so many, it is of common interest that justice be shed over the conflict. The international community initiated the idea of an international tribunal to hold the responsible individuals accountable for their actions. It has now been working for several years, and reached its peak with the indictment and trial against the former president of the Federal Republic of Yugoslavia, Slobodan Milosevic in 2001. With point of departure in this indictment, the thesis wishes to scrutinise and penetrate the effects of individual accountability for international crimes that have been orchestrated by an entity far greater than to include only one man, or even merely the top executives. Arguments in favour of the possibility to hold the state as such responsible for acts of for instance genocide have been a valuable and important contribution to the dialogue. Regardless of the interesting implications of such an aspect, the main issue is constantly voiced: can states be prosecuted? This study will give no answer to that question, but will try to illuminate the complex web of responsible actors, and of course the danger of holding one person accountable for the acts of a political and legal entity, such as the state. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1554625
- author
- Markus, Tatjana
- supervisor
- organization
- year
- 2002
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- International Human Rights Law
- language
- English
- id
- 1554625
- date added to LUP
- 2010-03-08 15:22:30
- date last changed
- 2010-03-08 15:22:30
@misc{1554625,
abstract = {{As the wars on the Balkans emerged in the early 1990's and continued to colour the European reality over almost a decade, a fierce debate regarding questions of guilt, necessary actions, and roads to peace was initiated. In Sweden it was not as broad and competent as in other European countries, but it did allow certain odd features in the everyday life, such as a party, 'the Sarajevo-list', which was mainly occupied with the issue of breaking the siege around Sarajevo. The large groups of refugees that fled the countries, or were rescued out of them, were sheltered in several European countries, but also in other parts of the world, ranging from the USA to Indonesia. Currently, the re-construction of the region is underway, and countries are offering aid in exchange for stability and order - the Balkans are indeed still far from over with intolerance and conflicts. Since the region has in one way or another occupied the interest and efforts of so many, it is of common interest that justice be shed over the conflict. The international community initiated the idea of an international tribunal to hold the responsible individuals accountable for their actions. It has now been working for several years, and reached its peak with the indictment and trial against the former president of the Federal Republic of Yugoslavia, Slobodan Milosevic in 2001. With point of departure in this indictment, the thesis wishes to scrutinise and penetrate the effects of individual accountability for international crimes that have been orchestrated by an entity far greater than to include only one man, or even merely the top executives. Arguments in favour of the possibility to hold the state as such responsible for acts of for instance genocide have been a valuable and important contribution to the dialogue. Regardless of the interesting implications of such an aspect, the main issue is constantly voiced: can states be prosecuted? This study will give no answer to that question, but will try to illuminate the complex web of responsible actors, and of course the danger of holding one person accountable for the acts of a political and legal entity, such as the state.}},
author = {{Markus, Tatjana}},
language = {{eng}},
note = {{Student Paper}},
title = {{BREAKING THE WALL OF IMMUNITY - QUESTIONS RAISED BY EICHMANN, FILARTIGA, PINOCHET AND MILOSEVIC TRIALS}},
year = {{2002}},
}