‘How We Brought Down a War Criminal’: Defamation Cases as an Alternative Space for Justice
摘要
War crimesWar crimes are notoriously difficult to prosecute and often never reach a court of law. This chapter examines the case of an Australian newspaper that accused a Serbian commander of war crimes and successfully won a defamationDefamation action he brought against the media company. Captain Dragan Vasiljković was then extradited to Croatia where he was jailed for human rightsHuman rights abuses. This chapter analyses the media coverage of this case alongside Australia’sAustralia legal framework to determine how key actors perceived the newspaper’s role in seeking justice. It demonstrates how media trials can occur in the absence of a legal trial and challenges the notion that these are incompatible with natural justice. Ultimately, it argues that this case expands on the conceptualisation of a ‘trial by media’ to consider the critical role that investigative journalismInvestigative journalism plays in media justiceMedia justice. Subsequently, a ‘trial by mediaTrial by media’ holds the potential to expose crimes in the public interest and be an alternative space for justice that brings attention to the shortcomings of legal proceedings and the protection of human rightsHuman rights.