Good Faith and Good Cause in a Genocidal Individual

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Date

2010

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Cairn.info

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Cairn

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Cairn

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An ethnography of Vojislav Šešelj’s trial before the International Criminal Tribunal for the former Yugoslavia reveals the problematic nature of the defense adopted by a notorious criminal who has consistently refused the appointment of any counsel and defends himself. The article describes how the defendant, who has entered a plea of not guilty, stages in the courtroom a “rupture defense”. Building a position symmetrical to that of the prosecutor, he launches counter-accusations directed against the Tribunal as a whole. It then shows how the Tribunal became divided when its members tried to understand the true nature of the defendant’s defense and to defend the integrity of their judicial mandate.

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