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Berkeley Program in Soviet and Post-Soviet Studies Working Paper Series
University of California, Berkeley

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The Role of Social Identity in Resistance to International criminal law:
The Case of Serbia and the ICTY
Emily Shaw
The Berkeley Program in Soviet and Post-Soviet Studies (BPS) is a leading center for graduate training on
the Soviet Union and its successor states in the United States. Founded in 1983 as part of a nationwide effort
to reinvigorate the field, BPS’s mission has been to train a new cohort of scholars and professionals in both
cross-disciplinary social Science methodology and theory as well as the history, languages, and cultures of the
former Soviet Union; to carry out an innovative program of scholarly research and publication on the Soviet
Union and its successor states; and to undertake an active public outreach program for the local community,
other national and international academic centers, and the U.S. and other governments.
Berkeley Program in Soviet and Post-Soviet Studies
University of California, Berkeley
Institute of Slavic, East European, and Eurasian Studies
260 Stephens Hall #2304
Berkeley, California 94720-2304
Tel: (510) 643-6737
bsp@socrates.berkeley.edu
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The Role of Social Identity in Resistance to
International Criminal Law:
The Case of Serbia and the ICTY
Emily Shaw
Spring 2003
Emily Shaw is a Ph.D. candidate in the Department of Political Science at the University of
California, Berkeley. This paper was presented at the first annual Geroge W. Breslauer Graduate
Student Conference, “One Ring to Rule Them All: Power and Power Relations in Eastern
European Politics and Societies,” at the University of California, Berkeley, in November 2002.

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Our national, nationalistic values have a function only in relation to the
nationalism of others: we are nationalists, but so are they, and worse; we
murder (when necessary), but they do so even more; we drink a little too
much, they are alcoholics; our history is correct only in relation to theirs, our
language is pure only in relation to theirs. Nationalism lives off relativism.
—Danilo Kis, The Anatomy Class1
What explains Serbian antipathy to the International Criminal Tribunal for Yugoslavia (ICTY)?
Slobodan Milosevic was finally ousted in a popular uprising in 2000 after his policies had
contributed to brutal wars in Croatia, Bosnia-Hercegovina, and Kosovo; massive corruption;
economic ruin; and international sanction. One would suspect, then, that Serbians would be only
too happy to relinquish him to an international court.2 This, however, has not been the case.
Four-fifths of the public surveyed by the Serbian polling agency Strategic Marketing felt that the
tribunal was biased against Serbs in general.3 Nearly forty percent believed that Milosevic was
acting in defense of Serbia and the Serbian people at his trial in the Hague.4 Most Serbians
appear to agree with Ivica Dacic, the party secretary of Milosevic’s Socialist Party of Serbia,
who has argued: “This is not a trial against Milosevic but a trial against the whole country. The
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