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Legacies of the International Criminal Tribunal for the Former YugoslaviaA Multidisciplinary Approach$
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Carsten Stahn, Carmel Agius, Serge Brammertz, and Colleen Rohan

Print publication date: 2020

Print ISBN-13: 9780198862956

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780198862956.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 October 2021

The ICTY, Truth, and Reconciliation

The ICTY, Truth, and Reconciliation

A Meta Reconceptualization

(p.583) 31 The ICTY, Truth, and Reconciliation
Legacies of the International Criminal Tribunal for the Former Yugoslavia

Janine Natalya Clark

Oxford University Press

Exploring the question of whether the International Criminal Tribunal for the former Yugoslavia’s (ICTY) work has contributed to inter-ethnic reconciliation in the former Yugoslavia, this inter-disciplinary chapter adopts a novel perspective by extending the purview beyond factual truths. It focuses on meta-normative truths. These higher-level truths are not about who did what to whom, but about human suffering and the (im)morality of particular behaviours and conduct in war. Precisely because they transcend ethnic belonging, these truths provide a stronger basis for building reconciliation than frequently-contentious factual truths. The chapter maintains that meta-normative truths have the greatest potential to alter localized meta-affective contexts that fuel denial, support for convicted war criminals and the persistence of competing ethnic narratives. Although the Tribunal has now completed its mandate, it can indirectly contribute to inter-ethnic reconciliation if the meta-normative truths implicit in its work are given more attention and actively utilized in reconciliation efforts.

Keywords:   inter-ethnic reconciliation, meta-normative truth, contentious factual truth, ethnic narrative, meta-affective context

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