tag:blogger.com,1999:blog-23301331.post116112603539945148..comments2023-10-28T05:02:10.442-04:00Comments on Americans For Bosnia: "Fools; Crusade" Chapter Two [19]Kirk Johnsonhttp://www.blogger.com/profile/06879908614214050994noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-23301331.post-84864934901382323422008-10-17T03:40:00.000-04:002008-10-17T03:40:00.000-04:00Johnstone's assertion "that an individual [should ...Johnstone's assertion "that an individual [should be] judged by people who are not prejudiced against him for reasons of social category (race, nationality, religion, etc.) and are socially close enough to be able to evaluate such intangible factors as motivation" reminds me of an old joke where the judge tells the defendant at the arraignment that he will by tried by a jury of his peers, and the defendant replies "Gee, your honor, where are you going to find twelve other serial killers willing to sit on the jury?"<BR/><BR/>It is unclear to me what basis Johnstone has for appealing to the common law system of trial by jury, when the former Yugoslavia has no tradition of such a system. Surely it would be an act of blatant cultural imperialism to subject a former Yugoslav national of Serb ethnicity to an alien legal tradition?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-23301331.post-1161211552192528072006-10-18T18:45:00.000-04:002006-10-18T18:45:00.000-04:00She doesn't define a jury of one's peers. She rai...She doesn't define a jury of one's peers. She raises objections, but only to cloud the issue. Here's a quote I probably should have included in the post:<BR/><BR/>"This may mean seeking jurors who have not followed media coverage of a case. In comparison to such scruples, what can one say of judging--without any jury whatsoever--citizens of Balkan States by judges from distant continents with no understanding whatsoever of the complicated background of Balkan conflicts beyond what they have gleaned from the media?"<BR/><BR/>As you can see, she is relying on the tired line that the situation in Bosnia was complex, and that outsiders are ill-equipped to understand it; add to that the implication that biased media coverage and propaganda by Western governments have prejudiced all possible judges. <BR/><BR/>It's a stupid argument; one shouldn't allow him or herself to get dragged into it. The point of international justice is not to understand the historical complexities and finer cultural variables of a given atrocity, but to establish and defend basic, bedrock standards of behavior and justice. <BR/><BR/>This is a point I should probably revisit later, after I'd had more time to reflect. I'm disappointed in my meager effort in this post. Johnstone's assault on the legitimacy of the ICTY turns into a subversion of the entire notion of international justice in this section; this is a big deal, and I want to 'get it right.' I don't think I did. <BR/><BR/>I will definately revisit this topic in the future.Kirk Johnsonhttps://www.blogger.com/profile/06879908614214050994noreply@blogger.com