There is Something Special about War Criminals …

Abstract

This article assesses how the rehabilitation of perpetrators of international crimes is being constructed and evaluated at the domestic level, in particular in Croatia, and how it compares to international practice at the International Criminal Tribunal for the former Yugoslavia (ICTY) or International Residual Mechanism for Criminal Tribunals (IRMCT). The analysis is based on a convenience sample of early release decisions issued by the Croatian judiciary and the most recent early release decisions issued by the IRMCT. Up until very recently, rehabilitation of war criminals has been approached through a rather conventional prism, both at the ICTY/IRMCT and domestically. The most recent IRMCT early release decisions, however, developed a sui generis approach focusing primarily on an offender’s critical reflection on crimes, gravity of the offence and views of the larger community. At the same time, the Croatian approach to assessing rehabilitation remained centred around the perceived risk of reoffending. Due to inconsistencies in incorporating the various factors, however, there seems to be double standards being applied along ethnic lines. In this article, we analyse and contrast rehabilitation assessments and early release practices at the ICTY/IRCMT and Croatia and ask the proverbial question whether there is anything special about rehabilitating war criminals.