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Book Review: International Courts and Mass Atrocity: Narratives of War and
Justice in Croatia by Ivor Sokolić


8-10 minutes

  _____  

In International Courts and Mass Atrocity: Narratives of War and Justice in
Croatia, Ivor Sokolić focuses on the contradictions that can arise between
the ‘truths’ provided by international courts’ judgments and national war
narratives, focusing on the understudied case of Croatia. This is an
in-depth analysis that will be a must-read for transitional justice scholars
and practitioners both in the Balkans and beyond, recommends
<about:reader?url=https%3A%2F%2Fblogs.lse.ac.uk%2Feuroppblog%2F2019%2F05%2F1
9%2Fbook-review-international-courts-and-mass-atrocity-narratives-of-war-and
-justice-in-croatia-by-ivor-sokolic%2F#Author> Ebru Demir. 

International Courts and Mass Atrocity: Narratives of War and Justice in
Croatia. Ivor Sokolić. Palgrave. 2019.

Find this book:
<https://www.amazon.co.uk/gp/product/3319908405/ref=as_li_tl?ie=UTF8&tag=lsr
eofbo-21&camp=1634&creative=6738&linkCode=as2&creativeASIN=3319908405&linkId
=0c51aaef53b83bff94d1d2c224bee29e> 

Can an international court challenge a society’s ‘narrative of
independence’? What happens when ‘truths’ provided through international
courts’ judgments are in contradiction with national war narratives? And,
under such circumstances, what are the chances of human rights norms taking
root in these societies? Ivor Sokolić’s International Courts and Mass
Atrocity: Narratives of War and Justice in Croatia tackles these questions
by focusing on Croatia, an understudied case compared with two other
countries (Bosnia and Herzegovina and Serbia) involved in the Balkan wars in
the 1990s.

The methodology undertaken and the data gathered play a central role in the
book and shape the key arguments. Sokolić uses fieldwork research with
‘ordinary’ individuals and qualitative comparative analysis together in
order to collect data, which is a novel approach (8). For the study, data
was gathered from two focus groups: members of war veterans’ associations
and pensioners; and (middle and high school) teachers (15). Sokolić explains
the choice of the focus groups by underlining the fact that war veterans’
associations and pensioners are an influential and large part of Croatian
civil society and they provide a good illustration of the highly politicised
war narrative (16-17). In the same way, the teachers were targeted since
they are important actors in teaching (and reproducing) national narratives
to the next generations (16). Both focus groups therefore enable Sokolić to
gain insight into the national war narratives prominent in Croatia today.
Considerable use of the interview extracts from these focus groups also
makes the book engaging for readers.

The book is centred around three key points. First, Sokolić underlines
across the chapters that the decisions of the United Nations International
Criminal Tribunal for the former Yugoslavia (ICTY) run counter to the
Croatian national meta-narrative. According to this narrative, ‘Croatia led
an exclusively defensive war (Homeland War/Domovinski Rat) within its own
borders’ (184). Unlike the ‘well-organised’ and ‘preplanned’ Serbian
aggression, Croatians fought a purely defensive war, which prevents Croatia
from being accused of having committed war crimes. This narrative polarises
the positions of Serbia and Croatia in the war: whilst Serbia is considered
to have been prepared for conflict far in advance, Croatia is portrayed as a
country which was ‘caught up in’ a brutal war. The alleged unwillingness and
unpreparedness of Croatia and the defensive nature of the war are used to
excuse and relativise Croatian actions during the conflict (59).


Image Credit: ICTY Building (UN International Criminal Tribunal for the
former Yugoslavia CC BY 2.0 <https://www.flickr.com/photos/icty/> )


As the book illustrates, ICTY trials and judgments substantially challenge
this national narrative. ICTY ascertained that Croatian armed forces carried
out joint criminal enterprise with the leadership of Herzeg-Bosnia (184),
and Croatian generals were found guilty of crimes against humanity and
violations of laws or customs of war during Operation Storm
<http://www.icty.org/x/cases/gotovina/tjug/en/110415_summary.pdf> . Yet,
these judgments have had no effect on the Croatian official narrative.
Operation Storm, which is considered to be a war of independence for
Croatia, was ‘exculpated’ by a ‘Declaration on Operation Storm’ adopted by
the Croatian Parliament in 2000. This Declaration underlined the legitimate
and liberating nature of the Croatian defence as opposed to the aggressive
and conquering Serbian attacks.
<http://www.cultures-of-history.uni-jena.de/debates/croatia/a-storm-of-memor
y-in-post-war-croatia/> 

Sokolić underlines how commemoration of the past endorses the ‘defensive’
nature of the war. To justify and excuse the alleged war crimes of Croatian
convicts during Operation Storm, the Croatian narrative employs, for
instance, an image of a Serbian baka (grandmother) with a rifle (66). This
image is a significant part of the national narrative which supports the
argument that every single Serbian (from child to elder) was armed and
violent during the war. Such memorialisation justifies (and then excuses)
the crimes which ‘a few Croatians’ might have committed as a result of
blurring the distinction between combatants and civilians. Thus, under this
narrative, these crimes by no means add up to war crimes; in such a context,
the ICTY’s decisions largely fail to impact Croatian society.

The second issue with which the book deals is the position of Bosnia and
Herzegovina within the Croatian official war narrative. Sokolić uses
empirical findings to show how the involvement of Croatia in the Bosnian
conflict is simply ignored or denied by the interviewees (189). On the
contrary, in the prevailing narrative, Croatia is seen as Bosnia and
Herzegovina’s saviour. In 2006, another ‘Declaration on Operation Storm’ by
the Parliament described Croatia as the saviour of Bosnia and Herzegovina by
preventing another Srebrenica in Bihać by allying with the Bosnian forces
(187). Whereas Croatia differentiates itself from Serbia by claiming the
aggressive and conquering nature of the Serbian attacks, Bosnia and
Herzegovina is also considered different from Croatia by being ‘inferior’,
‘chaotic’ and ‘savage’ (191). By linking this narrative with the concept of
Orientalism, Sokolić provides readers with an interesting and gripping
discussion on ‘orientalism within the Balkans itself’.

Thirdly, the book gives insight into the role of ‘emotion’ in the
transitional justice process of Croatia. Sokolić argues that the Croatian
case illustrates ‘how pressure from below can hamper the spread of human
rights norms, especially when combined with dominant and emotional everyday
narratives’ (23, emphasis added). There is similar literature exploring
where and how exactly justice is ‘hijacked’ in the domestic sphere (Subotic
2009 <http://www.cornellpress.cornell.edu/book/?GCOI=80140100357920> ; see
also Clark 2014
<https://www.routledge.com/International-Trials-and-Reconciliation-Assessing
-the-Impact-of-the-International/Clark/p/book/9780415717786>  and
Nettelfield 2010
<https://www.wildy.com/isbn/9780521763806/courting-democracy-in-bosnia-and-h
erzegovina-the-hague-tribunal-s-impact-in-a-postwar-state-hardback-cambridge
-university-press> ). The book makes a contribution to this scholarship by
placing a specific emphasis on ‘expressivist moments’ in the trials. The use
of the suicide of Slobodan Praljak at the ICTY
<https://www.aljazeera.com/news/2017/12/slobodan-praljak-died-cyanide-court-
171202171937067.html>  as an example to support this point is felicitous.
Praljak’s suicide supports the Croatian national war narrative by showing
(once again) that the ICTY is an incompetent and incapable court (192, 194)..
The public, media and elites use such a key expressivist moment to weaken
the ICTY’s credibility and to strengthen Croatia’s victimhood narrative
before such a court. Emotions impact and shape attitudes towards law (206),
and under these circumstances, the trickle-down effects of international
human rights norms do not occur in Croatia (208). As a result, the official
war narrative once again prevails over the ICTY’s judgments.

Overall, International Courts and Mass Atrocity provides an in-depth
analysis of the transitional justice process in Croatia. Sokolić not only
works through the fault lines of the ICTY regarding the case of Croatia, but
also sheds light on an issue that the international criminal justice system
as a whole often neglects: namely, the strength of the local in creating and
maintaining war narratives. The book is therefore a must-read for
transitional justice scholars and practitioners both in the Balkans and
beyond.

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Note: This article is provided by our sister site, LSE Review of Books
<https://blogs.lse.ac.uk/lsereviewofbooks/2019/05/08/book-review-internation
al-courts-and-mass-atrocity-narratives-of-war-and-justice-in-croatia-by-ivor
-sokolic/> . It gives the views of the author, not the position of EUROPP –
European Politics and Policy or the London School of Economics.

 _________________________________

About the author

Ebru Demir
Ebru Demir is a third-year PhD student and Associate Tutor at University of
Sussex, Law School. Her research areas are transitional justice;
transformative justice; women, peace and security; and peacebuilding in
Bosnia and Herzegovina.

 
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-justice-in-croatia-by-ivor-sokolic%2F> 

 

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