Tribunals. War crime trials in Socialist Yugoslavia

该项目的重点是南斯拉夫起诉第二次世界大战后的战争罪行。主要目的是打破仅从惩罚角度看待南斯拉夫战争罪审判的普遍传统。其目的不仅是“惩罚和消灭”前战斗人员或潜在战斗人员，而且是为了克服内战的影响，使南斯拉夫社会一体化。军事审判也是发展和贯彻革命正义观和社会主义法治观的试验场。他们如何影响第二南斯拉夫的建国进程？在第二次世界大战之前，南斯拉夫的法律的学者参与了关于国际刑法的讨论。在战争期间，流亡政府参与了不同的倡议，并签署了关于战争罪的不同宣言。南斯拉夫法学家对“危害人类罪”和“危害和平罪”概念的发展有何影响？ 与此同时，在被占领的南斯拉夫，游击队制造了一个既成事实。他们没有等到战争结束才起诉战犯。但是，是什么规则和思想指导了拉脱维亚共产党人的法律观念，是什么传统、意识形态议程和国际发展影响了他们对战争罪的管辖权？苏联是他们的榜样。苏联刑法的修改在战争期间就已经进行了。但是，南斯拉夫共产党人参加了联合国战争罪行委员会，对其法律的框架和一整套司法准则和标准进行了调整，并将其纳入南斯拉夫刑法。从这个角度来看，本项目将分析南斯拉夫战争罪审判的知识和跨国动态的过渡为重点：哪些机构参与了“法律的流”？在第一次审判中被定罪的罪犯是谁？证人是谁，出示了什么样的证据？判断是否遵循IMT设定的模式？第一次战争罪审判是如何塑造南斯拉夫对二战和纳粹浩劫的理解的？

The project focuses on the Yugoslav prosecution of the war crimes in aftermath of the Second World War. The primary aim is to break with the prevailing tradition of looking at Yugoslav war crimes trials solely from the perspective of retribution. Their purpose was not only to "punish and eliminate" the former or potential combatants but also to overcome the implications of the civil war and integrate the Yugoslav society. Military trials were also an experimental ground for the development and the implementation of the concept of the revolutionary justice and socialist law. How did they influence the state-building process of Second Yugoslavia?Before the World War II Yugoslav legal scholars participated in discussions about international criminal law. During the war the Government in Exile participated on different initiatives and signed different declarations regarding war crimes. Which impact did yugoslav jurists have on the development of the concepts "crimes agains humanity" and "crimes against peace"? Meanwhile in the occupied Yugoslavia the Partisans created a fait accompli. They didn`t wait the war to end to prosecute war criminals. But what rules and ideas guided Yugoslavian Communists to their law concepts and what traditions, ideological agenda and international developments influenced their jurisdiction of war crimes? Soviet Union was their role model. The adaption of soviet criminal law took place already during the war. But with their engagement on the United Nations War Crimes Commission the Yugoslav Communists adapted its legal framework and a whole set of jurisdictional guidelines and standards and incorporated them into the Yugoslav criminal law. From this perspective, this project will analyze Yugoslav war crimes trials focusing on the transition of knowledge and transnational dynamics: Which institutions were involved in the “legal flows”? Who were the convicted perpetrators in the first trials? Who were the witnesses and what kind of evidence was produced? Did judgments follow patterns set by the IMT? And how did the first war crimes trials shape Yugoslav understanding of the WWII and the Shoah?