International Ad Hoc Criminal Tribunals as a Phenomenon of Contemporary Biopolitics Cover Image

Међународни кривични ad hoc трибунали као феномен савремене биополитике
International Ad Hoc Criminal Tribunals as a Phenomenon of Contemporary Biopolitics

Author(s): Bogdana Koljević
Subject(s): Politics, Criminal Law, International Law, Political Philosophy, Recent History (1900 till today)
Published by: Институт за политичке студије
Keywords: ad hoc tribunals; contemporary biopolitics; phenomena; sovereignty; law; international institutions; liberal doctrine of interventionism;

Summary/Abstract: In this article the author critically examines the question of international ad hoc criminal tribunals from the perspective of contemporary political philosophy. More accurately, the main focus of the work is directed towards responding to the proposition how international ad hoc tribunals emerge in a theoretical framework. In such way, the author argues that this is the issue of a multi- dimensional and complex political, complex political, quasi- legal and social phenomenon of biopolitics i.e. that this discourse is the path for understanding the appearance and substantial functioning of such tribunals. The philosophical concept of biopolitics, therefore, is comprehended, first and foremost – along the lines of Foucault’s decisive interpretation - as a perplexed net of governmental and non- governmental control mechanisms of neoliberalism. The author traces the processes of dissolution of sovereignty and how they structurally correspond to the growing new role of various most significant international institutions. Analyzing different forms of (post)political, (post)social and (post)legal practices of dissolution of sovereignty in liberal and postmodern discourses in the end of 20th and beginning of the 21st century, the author emphasizes the point that the very foundation of ad hoc tribunals always already belongs to a broader context of activities. More precisely, such activities are usually directed either towards establishment of new or towards weakening of existing key international institutions, most notably the UN, but equally – no less relevant – to institutions such as the International Court Of Justice. Concerning the founding of new provisional institutions the example of the ad hoc tribunal in the Hague is analyzed in detail: the argument is that this tribunal is a paradigmatic biopolitical experiment which is precisely the opposite of international justice (96,8% verdicts against the Serb population). This is in line with Foucault’s claim that the legal survival of sovereignty is replaced with survival of one chosen population and death of another. Furthermore, the appeal for such a „new humanity“ can also be traced in works of Hardt, Negri and Agamben. The reference to the multiplicity of aspects of the liberal doctrine of interventionism and political globalization is further accompanied by the analysis of its practices, with particular focus on Laughland’s articulations. In conclusion, the author outlines the concepts of law and politics after neoliberalism and postmodernity, stressing that in such a situation of creation of new epoch, the rehabilitation and revitalization of key international institutions – and international law in general – appears as a task of utmost relevance.

  • Issue Year: 2016
  • Issue No: 3/Spec
  • Page Range: 67-82
  • Page Count: 16
  • Language: Serbian