TY - JOUR
T1 - Crimes of war and the force of law
AU - Hagan, John
AU - Levi, Ron
N1 - Funding Information:
,.. This research was supported by a grant from the National Science Foundation for a study of "Prosecuting Crimes Against Humanity in the International Criminal Tribunal for the Former Yugoslavia" (SES-0111755), and by a grant from the American Bar Foundation. Please direct correspondence to John Hagan, Department of Sociology, Northwestern University, 1812 Chicago Ave., Evanston, IL 60208-4303. E-mail: [email protected].
Funding Information:
Bassiouni was initially appointed as a voluntary member of the commission and believed that the appointment of Kalshovenand the withholding of resources were efforts to stall the commission's work. He nonetheless succeeded on his own in raising a million dollars in funding from the MacArthur and Soros foundations, both of which were heavily invested in the support of NGOs and the human rights paradigm. (SeeDezalayand Garth 2000;Keckand Sikkink 1998.) Bassiouni persuaded Chicago's DePaul University, which was itself interested in developing a distinctive human rights law specialization, to donate a half floor of law school space for the collection of evidence of Balkan war crimes. Bassiouni described this work as a "dragnet" for evidence that could build a prima facie case of war crimes (R#106:09/26/00) and for UN establishment of a tribunal (R#108:07/19/00). This soon became a resource base for a preliminary force field that could drive forward the cause of international criminal law while simultaneously fighting off its political opposition.' This struggle between opposing modalities took an unexpected turn when evidence of British stalling at the UN became public. A reporter investigating the commission discovered - from both the UN's Office of Legal Affairs and the U.S.Ambassador to the UN in Geneva - that Lord Owen was the source of the instructions to sidetrack the commission's efforts (Gutman 1993).
PY - 2005/6
Y1 - 2005/6
N2 - The origin and enforcement of criminal law are central to the sociological study of crime, yet we know relatively little about how the coercive apparatus of criminalization is actualized through prosecutorial and court practices. We use Bourdieu's extension of Weber's analysis of law to develop a perspective on fields of practice, the juridical field and the force of law at The Hague Tribunal for the former Yugoslavia. Our research is based on four years of prosecutor interviews, courtroom observations and analyses of trials covering four prosecutorial regimes. Successive and competitive practices have created an interlocking and cumulative force that is a prerequisite to promoting international humanitarian law.
AB - The origin and enforcement of criminal law are central to the sociological study of crime, yet we know relatively little about how the coercive apparatus of criminalization is actualized through prosecutorial and court practices. We use Bourdieu's extension of Weber's analysis of law to develop a perspective on fields of practice, the juridical field and the force of law at The Hague Tribunal for the former Yugoslavia. Our research is based on four years of prosecutor interviews, courtroom observations and analyses of trials covering four prosecutorial regimes. Successive and competitive practices have created an interlocking and cumulative force that is a prerequisite to promoting international humanitarian law.
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U2 - 10.1353/sof.2005.0066
DO - 10.1353/sof.2005.0066
M3 - Review article
AN - SCOPUS:26444566315
SN - 0037-7732
VL - 83
SP - 1499
EP - 1534
JO - Social Forces
JF - Social Forces
IS - 4
ER -
