Discourses, Truth and the ICTY in the former Yugoslavia

Abstract

This paper investigates the influence of discourses on the social realities in which they exist and which in turn, create them. The role of the ICTY has in this process will be used as a case study. I argue that by altering antagonistic discourses circulated in the former Yugoslavia through judgements and verdicts, the ICTY can contribute to reconciliation, deterrence of further violence and the alteration of violent discourses. This paper is based on a variety of sources, some quantitative and some theoretical. The entire goal and tone of the paper remains contemplative throughout and is not necessarily a critique of the ICTY. Nor does this paper hope to provide alternatives to the ICTY. It aims to assess firstly; the role of the ICTY in the former Yugoslavia. Following which, effectiveness of this role will be evaluated. This evaluation is based on the presence of certain theoretical principles from the field of Conflict Studies. Once this analysis is completed this paper will attempt to illustrate the effects of the success or failure of the ICTY on its credibility within the region. The final step is to determine how the ICTY affects social realities within the former Yugoslavia. The main argument within this paper and which needs to be kept in consideration is that social realities are constructed by truths. These truths however, are ambiguous, relative, contentious and arbitrary. It is precisely this which makes reconstructing discourses an essential part of reconciliation and justice.