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Conflict and Renewal: Europe Transformed. Essays in Honour of Wolfgang Petritsch
Baden-Baden: Nomos Verlagsgesellschaft, 2007, 407 pp.


Chapter 3. Transitional Justice for Reconciliation
Transitional Justice: The Role of the Prosecution

by Carla Del Ponte


"In terms of understanding and acceptance of the truth, or even the facts, one of the most difficult challenges is radical nationalism, which has constantly served to support the war criminals. Nationalism in itself is certainly not a crime, but in its extreme forms it is very close to pure evil. In the conflicts of the 1990s, nationalism led to the dehumanisation of 'others', it led to violence, it fed the war and crimes against people of other nationalities or religion, it caused internal moral societal decay and ended up producing a complete denial of the wrongdoings. There is no better way to beat it than by establishing the facts and developing truth-telling mechanisms and forums. Judicial systems and civil societies have major roles in this process, and the legacy of the ICTY and its jurisprudence will be of great assistance to them."


Carla Del Ponte is Prosecutor at the United Nations ICTY