ICTY Literature Guide

GENERAL HISTORIES OF THE BALKANS

Calic, Marie-Janine. (2019). The Great Cauldron: A History of Southeastern Europe. Harvard University Press.
Calic explains how the location of the Balkans invites Eastern and Western influences, from Mediterranean capitalism, nationalism resulting in World War I, the spread of Islam and Christianity, all of which illustrate the crossover of different cultures creating a “great cauldron” in southeastern Europe. 
Glenny, Misha. (2012). The Balkans: Nationalism, War and the Great Powers 1804-2011. Penguin.

Glenny examines the entire Balkan region and its roots in violence, the decline of Milošević, and each state’s desire for EU membership. He also addresses issues with Western intervention and its effects on Balkan history. 

Lampe, John R. (2014). Balkans into Southeastern Europe. Palgrave Macmillan.
Lampe provides a detailed analysis of the Balkans, beginning with the assassination in Sarajevo up to present day. 
Mazower, Mark. (2002). The Balkans: A Short History. Modern Library.

Mazower examines the historical origins of conflict within the Balkan region, referencing cultural and economic influences from vastly different regions and religions, the world wars, the failure of communism, disintegration, and the need for stability. 

Wachtel, A. B. (2008). The Balkans in World History, Oxford University Press.

Wachtel explains the Greek, Roman, Ottoman, and Catholic influences on the Balkans, resulting in a culture unique to world history. He takes a positive approach to the Balkans, rather than focusing on its negative history by discussing its social, historical, and cultural aspects.

HISTORIES OF YUGOSLAVIA

Calic, Marie-Janine. (2019).  A History of Yugoslavia. Purdue University Press.

Calic presents a detailed analysis of Yugoslavia’s political, economic, cultural, and social framework beginning in the 19th century in an attempt to answer questions relating to the inevitability of Yugoslavia’s destruction. 

Hajdarpašić, E. (2015). Whose Bosnia? Nationalism and Political Imagination in the Balkans, 1840-1914. Cornell University Press.
Hajdarpašić calls upon paintings, poetry, surveillance files, and other unique sources to understand Bosnia's national movements beginning in the 1800s. As a result, the author demonstrates the powerful role nationalism has in creating Bosnian history.  
Lampe, J.R. (2000). Yugoslavia as History: Twice There Was a Country. (2nd ed.). Cambridge University Press.

Lampe examines the similarities that held Yugoslavia together, the differences causing collapse, and the “Yugoslav idea” and its origins.

Ramet, Sabrina. (2002). The Disintegration Of Yugoslavia From The Death Of Tito To The Fall Of Milosevic. (4th ed.). Westview Press.

Ramet follows the Yugoslavia’s collapsing social and political framework since 1980. In this text she argues the final blow was the failure of cooperation and legitimacy.

Wachtel, A.B. (1998). Making a Nation, Breaking a Nation: Literature and Cultural Politics in Yugoslavia. Stanford University Press.

Wachtel focuses on how the Yugoslav nation was born and how it failed to unify the South Slavs. Wachtel argues that Yugoslavia’s collapse resulted from the “deconstruction of the concept of a Yugoslav nation,” involving linguistic, educational, and historical factors. 

ACCOUNTS OF THE WARS OF YUGOSLAV SUCCESSION, 1991-2000

Anđelić, N. (2003). Bosnia-Herzegovina: The End of a Legacy. Frank Cass.
Anđelić analyzes the causes of the war in Bosnia-Herzegovina by studying Bosnian culture, politics, and society. 
Anžulović, B. (1999). Heavenly Serbia: From Myths to Genocide. New York University Press.

Anžulović follows Serbia’s nationalism through the Battle of Kosovo in 1389 and how the myth of “Heavenly Serbia” played a role in Serbia’s nationalist identity in the fall of Yugoslavia. Anžulović asks two main questions that surround the research: “What are the forces behind Serbian expansionist drive that has brought death and destruction…? And how did the Serbs rationalize, and rally support for, this genocidal activity?”

Donia, R. J. (2006). Sarajevo: A Biography. Hurst and Co., and Ann Arbor: University of Michigan Press.

The author examines the history of Sarajevo from its birth in the 15th century to present day, providing a detailed account from the Ottoman Empire to the aftermath of Yugoslavia’s disintegration.

Donia, R. J. (2015). Radovan Karadžić: Architect of the Bosnian Genocide. Cambridge University Press.

Donia follows Karadžić’s evolution from an average man to the leader of the Bosnian Serb nationalists and orchestrator of mass atrocities. Donia illustrates how Karadžić organized these mass atrocities, arguing that postcommunist democracy played a large role in allowing for the annihilation of non-Serbs.

Dragović-Soso, Jasna. (2008). Why did Yugoslavia Disintegrate? An Overview of Contending Explanations. In Lenard Cohen and Jasna Dragović-Soso (Eds.). State Collapse in South-Eastern Europe:  New Perspectives on Yugoslavia’s Disintegration. Purdue University Press.

The author follows a chronological timeframe throughout the chapter, analyzing the fall of Yugoslavia, its “ancient hatreds” and socialist structure, and possible political and economic factors relating to the disintegration.

COMPARATIVE HISTORIES OF GENOCIDE AND MASS ATROCITIES

Bloxham, D. (2003). Genocide on Trial: War Crimes Trials and the Formation of Holocaust History and Memory. Oxford University Press.
Bloxham, focusing on the Nuremberg Trials, argues that the creation of war-crime trials was to obtain justice and write war history but failed in both areas due to political influence. Bloxham concludes that academic historians were more successful in creating and understanding genocidal history and its patterns.
Browning, C. (2017). Ordinary Men. Reserve Batallion 101 and the Final Solution in Poland (Rev. ed.). Harper Collins.

Browning examines how a military unit of middle-aged Germans transformed into murderers, resulting in the deaths of tens of thousands of Jews. These men were not devoted Nazis, but rather average men who justified murder by changing their morals, which Browning uses to argue that group settings are highly influential over one’s actions.

Power, Samantha. (2002). A Problem from Hell: America and the Age of Genocide. Basic Books.

Power answers her question, “Why do American leaders who vow ‘never again’ repeatedly fail to stop genocide?” and, by referencing interviews, declassified documents, and personal reporting, criticizes the American response.

Wilson, Richard A. (2017). Incitement On Trial: Prosecuting International Speech Crimes. Cambridge University Press. 

In this text, Wilson researches and analyzes how public figures inciting violence are held accountable and recommends methods on how to handle these crimes. He further assesses the risks with monitoring such speech.

Zarkov, D. and Glasius, M. (Eds.). (2014). Narratives of Justice In and Out of the Courtroom: Former Yugoslavia and Beyond. Springer.

This volume focuses on the production of justice narratives and examines “how the courts create a symbolic space” while gathering knowledge and writing history of regions during war. It focuses on the Balkans while considering other relevant experiences to act as a reference for ways to think about transitional justice.

THE HISTORY OF INTERNATIONAL CRIMINAL JUSTICE/TRIBUNALS

Marrus, Michael. (2018). The Nuremberg War Crimes Trial, 1945-46: A Documentary History (The Bedford Series in History and Culture) (2nd ed.). Bedford/St. Martin’s Macmillan Learning.

Marrus compiles records of the International Military Tribunal in Nuremberg, including case preparations, perceptions of the trials, and documents pointing towards the possibility of more trials surrounding the annihilation of European Jews. Marrus also provides necessary background to the trails and examines how the tribunal handled sentencing.

Osiel, Mark. (2017). Mass Atrocity, Collective Memory and the Law. Routledge. 

Osiel acknowledges that prosecutors and judges how the power to shape history, so one must pay attention to how trials are portrayed. This portrayal can greatly affect national identity and history at large.

Taylor, T. (1949). Final report to the Secretary of the Army on the Nuremberg war crimes trials under Control Council Law No. 10. Washington, D.C.: U.S. Government Printing Office.

Taylor examines the beginning of the Office, Chief of Counsel for War Crimes in late 1945 to its termination in 1949.

Wilson, Richard A. (2011). Writing History in International Criminal Trials. New York:  Cambridge University Press.

Wilson empirically analyzes how history and law interact to document the past within international criminal trials.

INTERNATIONAL CRIMINAL LAW: GENERAL TEXTBOOKS

Cassese, A. (Ed.). (2009). The Oxford Companion of International Criminal Justice. New York: Oxford University Press.

This textbook combines 120 judges, academics, and practitioners to offer different viewpoints on international criminal justice. It includes essays on various trials, debates and critiques of international humanitarian and criminal law, their enforcement, and procedures of domestic and international courts.

Cassese, A. and Gaeta, P. (2013). International Criminal Law (3rd ed.). Oxford University Press.

This edition overviews the main aspects of international criminal law through theoretical and historical lenses. It reviews the historical beginnings of international criminal law, defines core crimes and describes criminal proceedings, explains criminal responsibility, and analyzes the issues associated with prosecution and punishment at the international level.

Cryer, R. et al. (Eds.). (2014). An Introduction to International Criminal Law and Procedure (3rd ed.). Cambridge University Press.

This text provides an exhaustive overview of international criminal law, including the main international crimes, courts, proceedings, and controversial aspects of the law.

Sands, Philippe. (2016). East-West Street: On the Origins of Genocide and ‘Crimes Against Humanity.’ Alfred A. Knopf.

Sands researches the birth of legal concepts surrounding the Holocaust. He investigates the historical creation of the terms “genocide” and “crimes against humanity” and how two men with similar backgrounds arrived at parallel ideas.

Schabas, W. (2007). An Introduction to the International Criminal Court (3rd ed.). Cambridge University Press. 

Schabas focuses on the actions of the ICC, beginning with the Pre-Trial Chamber and ending with Appeals, as well as cases the ICC cancelled proceedings. He also acknowledges its issues, the political context, and the obstacles surrounding U.S. noncompliance.

EXPERT TESTIMONY, EVIDENCE, AND DOCUMENTATION IN WAR CRIMES TRIBUNALS

Combs, Nancy A. (2010). Fact-Finding Without Facts. The Uncertain Evidentiary Foundations of International Criminal Convictions. Cambridge University Press.

Combs investigates empirical, conceptual, and normative fact-finding in the realm of international criminal law. She argues that tribunals base judgments on a “more amorphous method of fact-finding” than they advertise.

Dojčinović, Predrag (Ed.). (2012). Propaganda, War Crimes Trials, and International Law.  From Speakers' Corner to War Crimes. Routledge.

This text investigates how international law relates to propaganda by referring to the Nuremberg Trials, the ICTY, and the ICTR. It examines current propaganda theory, while analyzing the prosecution of propaganda within international crimes. 

Donia, R. J. (2012). Iz Skupštine Republike Srpske: 1991-1996: izvodi iz izlaganja poslanika Skupštine Republike Srpske kao dokazni materijal na Međunarodnom krivičnom tribunalu u Hagu(From the Republika Srpska Assembly: 1991-1996: excerpts from delegates' speeches at the Republika Srpska Assembly as body of evidence for the International Criminal Tribunal at the Hague). Sarajevo University Press and Fondacija Istina, pravda, pomirenje.

The title of Donia’s book explains its contents, as it compiles evidence used in the ICTY. Donia illustrates how archival material is used as evidence and provides a taste of what access to the ICTY archives could reveal.

Elias-Bursać, E. (2015). Translating Evidence and Interpreting Testimony at a War Crimes Tribunal: Working in a Tug-of-War. Palgrave Macmillan.

Translation and interpretation of evidence and testimony are obstacles international trials face, and Elias-Bursać addresses how sentencing hinges on these two factors.

Petrović, Vladimir. (2017). The Emergence of Historical Forensic Expertise: Clio Takes the Stand. Routledge.

Petrović investigates the use of historians as witnesses in international trials and how history and law intertwine in the courtroom. He asks “is there a role for historians in court?” and uses the Nuremberg IMT, the Eichmann trial, the Dreyfus affair, and other examples to answer this question.

ACCOUNTS OF INDIVIDUAL TRIALS

Arendt, H. (2006). Eichmann in Jerusalem: A Report on the Banality of Evil. Penguin Books.

Arendt’s account on the Eichmann trial is detailed and critical, yet she argues it was beneficial in its transformation of Eichmann, previously seen as a mechanical soldier now viewed as a human capable of evil. Arendt also focuses on how legal jargon and proceedings can hinder moral accountability of atrocities.

Armatta, J. (2010). Twilight of Impunity: The War Crimes Trial of Slobodan Milošević. Duke University Press.

Armatta provides an eyewitness account of the Milošević trial, explaining the complexities of legal proceedings and recognizing its flaws. She illustrates the important role international tribunals have in writing history and legal precedence through trials.

Boas, Gideon. (2007). The Milosevic Trial Lessons for the Conduct of Complex International Criminal Proceedings. Cambridge University Press.

Boas, former senior legal advisor for the ICTY Trial Chamber, investigates the Milošević trial to glean lessons to improve future trial processes and suggests revisions to further the success of international criminal law. 

Douglas, L. (2001). The Memory of Judgment: Making Law and History in the Trials of the Holocaust. Yale University Press.

By referencing the trials of Eichmann, Demjanjuk, Barbie, and Zundel, the author argues that these trials, as well as Nuremberg, changed the overall view of legal processes by using criminal trials as historical narratives.

Lemkin, R. (2008). Axis Rule in Occupied Europe: Laws of Occupation - Analysis of Government – Proposals for Redress (2nd ed.). The Lawbook Exchange.

In this text, Lemin coined and defined “genocide”, further elaborating that genocide involves violation of social, economic, and cultural independence. He argues that legally defining genocide will aid in prosecution of future crimes.

Taylor, T. (1992). The Anatomy of the Nuremberg Trials: A Personal Memoir. Alfred A. Knopf.

Taylor, a main prosecutor at the Nuremberg Trials, articulates the need for respected international law and courts to serve as preventative measures against potential international crimes in the future.

Tromp, N. (2017). Prosecuting Slobodan Milošević: The Unfinished Trial. Routledge.

Tromp provides an in-depth account of the Milošević trial with information from transcript and documentary evidence. This book demonstrates that “any record of a mass atrocities trial, whether finished or unfinished, establishes a record of past events” therefore contributing to a global memory.

GENOCIDAL INTENT

Behrens, P. and Henham, R. (Eds.). (2012). Elements of Genocide. Routledge.

This text evaluates the perception of genocide through judicial decisions, academic writing, and Commission Reports, as well as examining relevant domestic and international case law to understand and reflect on the complex nature of genocide.

Dojčinović, P. (Ed.). (2019). Propaganda and International Criminal Law: From Cognition to Criminality. Routledge.

Propaganda and International Criminal Law takes an interdisciplinary approach to understand “the nature, position and role of the concept of propaganda” within international criminal trials by including chapters and case studies on neuroscience, speech crimes, and genocidal intent.

Schabas, W. A. (2009). Genocide in International Law: The Crime of Crimes (2nd ed.). Cambridge University Press.

Schabas provides an in-depth analysis of genocide within the context of international criminal law by reviewing the idea of protected groups, issues surrounding criminal prosecution and judicial cooperation, the responsibility of genocide prevention, and other concepts surrounding the crime of genocide.