Suchergebnisse

On 16 November 2012, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia ('ICTY') issued its decision on Prosecutor v Gotovina et al. The de novo review found errors in the Trial Chamber's analysis and the appellants Gotovina and Markač were acquitted of all charges. This decision has made an impact on the Serbian-Croatian reconciliation process, creating a gap between the two States' historical narratives. Highlighting the arguments in the dissenting opinions, this case note discusses the '200 Metre Standard' and the treatment of modes of liability in the alternative. Furthermore, the reception of the Appeals Judgement by Serbia and Croatia is discussed to demonstrate the political and social consequences of the decision.

Following the end of the Cold war, a period of "rule breaking and rule ma- king" has emerged. Its nature is contradictory, exlusionary, based on the po- wer division. The powerfull are rule makers, determining the scope of their re- levancy (self-exclusion) and the form of implementation. The justification, gi- ven for the "rule breaking and rule making" is the moral imperativ and the va- cuum created by limited relevance of the state-centric international law that can not address the problems that have come about as the result of the transformation of sovereignty, emergence of new non-state actors in the era of globalization. However, what is emerging is not a new normative order. The dramatic inequalities of states and their sovereign powers are perpetuated, the criteria of arbitrariness in the use of force is extended and the notion of protecting human rights is instrumentalized for geopolitical interests. In or- der for "moral dependency" to become a force of cosmopolitism, coherent cri- tical reflection is required, as well as systematic and uwavering efforts inves- ted into the strengthening of democracy and rule of law at the global level, decisive affirmation of the spirit of cooperation and non-violent conflict reso- lution and the development of effective instruments of transcending the new exclusionary practices generated by the old/new world.Key words: globalization, normative order, cosmopolitism, human rights, humanitarian interventions, neoliberalism, democracy.

View that the ethnic and nationalistic conflict in Yugoslavia is irrational and a danger to political rights, independence, and territorial integrity in Europe.