Frozen Justice Lessons From Bosnia And Herzegovina S Failed Transitional Justice Strategy

Author : Jared O. Bell
Publisher : Vernon Press
Page : 158 pages
File Size : 50,6 Mb
Release : 2018-11-10
Category : Social Science
ISBN : 9781622732043

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Frozen Justice: Lessons from Bosnia and Herzegovina’s Failed Transitional Justice Strategy by Jared O. Bell Pdf

In May 1993 the United Nations Security Council founded the International Criminal Tribunal for the former Yugoslavia (ICTY). Based in the Hague, Netherlands, the ICTY was formed with the objective of prosecuting those who had committed war crimes, crimes against humanity and genocide in Bosnia and Herzegovina and elsewhere in the former Yugoslavia during the early to mid-90s. During its mandate (1993-2017), the tribunal heard many cases and tried numerous perpetrators, from those who carried out the killings to those who orchestrated and ordered them. In spite of its accomplishments, the ICTY is considered to be highly controversial. It is debated if the ICTY did enough to foster healing and reconciliation in many of the conflict-torn societies. Many scholars argue that the tribunal operated adequately within their mandate and sought to promote justice and reconciliation, however, those who lived through the brutal wars would argue that there has simply been no justice. Importantly, Bosnia and Herzegovina still remains a country divided by issues of post-conflict justice, among other things. In 2010 a government-led strategic plan emerged that was intended to deal with the unfinished “business” of justice and promote reconciliation throughout the country. However, it failed to do this, and there is currently no political will or momentum to revive it. But, was this strategy doomed to failure from the beginning? In the form of a quantitative study, this book examines the possibility of reconciliation being achieved in Bosnia and Herzegovina through the methods fostered by the strategy. Focusing on three major cities, Sarajevo, Mostar, and Banja Luka, Dr. Jared Bell surveyed nearly 500 people in order to shed light on the subject of the national transitional justice strategy and reconciliation from the perspective of the everyday populace.

Author : Jared O. Bell
Publisher : Vernon Press
Page : 154 pages
File Size : 43,9 Mb
Release : 2019-05-15
Category : Law
ISBN : 9781622735976

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Frozen Justice: Lessons from Bosnia and Herzegovina’s Failed Transitional Justice Strategy by Jared O. Bell Pdf

In May 1993 the United Nations Security Council founded the International Criminal Tribunal for the former Yugoslavia (ICTY). Based in the Hague, Netherlands, the ICTY was formed with the objective of prosecuting those who had committed war crimes, crimes against humanity and genocide in Bosnia and Herzegovina and elsewhere in the former Yugoslavia during the early to mid-90s. During its mandate (1993-2017), the tribunal heard many cases and tried numerous perpetrators, from those who carried out the killings to those who orchestrated and ordered them. In spite of its accomplishments, the ICTY is considered to be highly controversial. It is debated if the ICTY did enough to foster healing and reconciliation in many of the conflict-torn societies. Many scholars argue that the tribunal operated adequately within their mandate and sought to promote justice and reconciliation, however, those who lived through the brutal wars would argue that there has simply been no justice. Importantly, Bosnia and Herzegovina still remains a country divided by issues of post-conflict justice, among other things. In 2010 a government-led strategic plan emerged that was intended to deal with the unfinished “business” of justice and promote reconciliation throughout the country. However, it failed to do this, and there is currently no political will or momentum to revive it. But, was this strategy doomed to failure from the beginning? In the form of a quantitative study, this book examines the possibility of reconciliation being achieved in Bosnia and Herzegovina through the methods fostered by the strategy. Focusing on three major cities, Sarajevo, Mostar, and Banja Luka, Dr. Jared Bell surveyed nearly 500 people in order to shed light on the subject of the national transitional justice strategy and reconciliation from the perspective of the everyday populace.

Author : David Androff,Janianton Damanik
Publisher : Taylor & Francis
Page : 541 pages
File Size : 45,7 Mb
Release : 2023-12-22
Category : Social Science
ISBN : 9781000996418

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The Routledge International Handbook of Social Development, Social Work, and the Sustainable Development Goals by David Androff,Janianton Damanik Pdf

The Routledge International Handbook of Social Development, Social Work, and the Sustainable Development Goals answers the question: What is the contribution of social development and social work to the Sustainable Development Goals? The success of these goals requires implementation, and each of the 17 objectives for sustainable social progress have a social dimension. The Sustainable Development Goals (SDGs), like the Millennium Development Goals (MDGs) before them, were born of a larger social development movement which over the last 25 years has become increasingly mainstream in the fields of international development, sustainability, and social work. These practitioners are essential to the implementation of the SDGs. This handbook examines how the SDGs are being implemented in diverse contexts. No previous work has surveyed social development and social work’s contribution to the SDGs nor represented voices from the Global South on the SDGs. This book broadens the current literature by focusing on key sites throughout the Global South and featuring underrepresented voices from Africa, Asia, and Latin America. These regions are vitally important to assessing the SDGs, as this is where innovative social development projects are occurring, and where social workers are playing a leading role in achieving the SDGs. The book is divided into eight parts: • Context of Social Development, Social Work, and the SDGs • Perspectives on the SDGs • Case Studies on Engagement with the SDG Agenda • Case Studies on Ending Poverty • Case Studies on Health and Well-Being • Case Studies on Gender Equality • Case Studies on Climate and Sustainability • Case Studies on Governance, Peace, and Justice It comprises 35 newly written chapters by 74 authors. It will be of interest to a broad interdisciplinary audience of scholars, educators, and students in the fields of social development, social welfare, social work, social policy, human rights, international relations, political science, international affairs, sustainability, community development, area studies, and development studies.

Author : Martina Fischer,Olivera Simic
Publisher : Routledge
Page : 285 pages
File Size : 44,7 Mb
Release : 2015-11-06
Category : Law
ISBN : 9781317529552

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Transitional Justice and Reconciliation by Martina Fischer,Olivera Simic Pdf

Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Author : Jared O. Bell
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 47,8 Mb
Release : 2018-04-06
Category : Law
ISBN : 9788283480788

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The Bosnian War Crimes Justice Strategy a Decade Later by Jared O. Bell Pdf

Author : Janine Natalya Clark
Publisher : Routledge
Page : 194 pages
File Size : 55,9 Mb
Release : 2017-09-01
Category : Law
ISBN : 9781351718578

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Rape, Sexual Violence and Transitional Justice Challenges by Janine Natalya Clark Pdf

It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.

Author : Diane Orentlicher
Publisher : Oxford University Press
Page : 352 pages
File Size : 53,5 Mb
Release : 2018-03-30
Category : Law
ISBN : 9780190882280

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Some Kind of Justice by Diane Orentlicher Pdf

An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunal's impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTY's Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims' experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.

Author : Andy Aitchison
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2011
Category : Bosnia and Hercegovina
ISBN : 9400001401

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Making the Transition by Andy Aitchison Pdf

Making the Transition provides an analysis of processes of reform, reconstruction, and restructuring in the criminal justice field in Bosnia and Herzegovina in the years since it completed a violent secession from the Socialist Federal Republic of Yugoslavia (SFRY). Across the three sectors of policing, courts, and prisons, this work details the challenges facing Bosnia and Herzegovina and explores a range of internationally-sponsored reform initiatives. These three sectors are often examined independently of each other, but by analyzing their development side by side, Making the Transition is able to determine common challenges while establishing different logics and methods of international intervention. The book reflects the author's education in a number of disciplines (politics, history, criminology) and will be a useful addition for those with an interest in the mechanics of state-building and in the reconstruction of post-conflict states.

Author : James Gow,Rachel Kerr,Zoran Pajic
Publisher : Routledge
Page : 286 pages
File Size : 46,8 Mb
Release : 2013-09-23
Category : Law
ISBN : 9781134610846

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Prosecuting War Crimes by James Gow,Rachel Kerr,Zoran Pajic Pdf

This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.

Author : Olivera Simić,Zala Volčič
Publisher : Springer Science & Business Media
Page : 251 pages
File Size : 44,9 Mb
Release : 2012-11-19
Category : Psychology
ISBN : 9781461454229

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Transitional Justice and Civil Society in the Balkans by Olivera Simić,Zala Volčič Pdf

Transitional Justice and Civil Society in the Balkans covers civil society engagements with transitional justice processes in the Balkans. The Balkans are a region marked by the post-communist and post-conflict transitional turmoil through which its countries are going through. This volume is intended to provide a comprehensive introduction to research in transitional justice in this part of the world, mostly written by local scholars. Transitional justice is ever-growing field which responds to dilemmas over how successor regimes should deal with past human rights abuses of their authoritarian predecessors. The editors and author emphasize the relatively unexplored and under-researched role of civil society groups and social movements, such as local women’s groups, the role of art and community media and other grass-roots transitional justice mechanisms and initiatives. Through specific case-studies, the unique contribution of this volume is not only that it covers a part of the world that is not adequately represented in transitional justice field, but also that the volume is the first project originally researched and written by experts and scholars from the region or in collaboration with international scholars.

Author : Lejla Rüedi
Publisher : Dike Publishers
Page : 0 pages
File Size : 45,9 Mb
Release : 2015
Category : Criminal procedure (International law)
ISBN : 3037516763

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War Crimes Trials in Bosnia and Herzegovina by Lejla Rüedi Pdf

This book examines transitional justice mechanisms as applied in Bosnia and Herzegovina, with a clear focus on criminal justice mechanisms, primarily on national war crimes trials. The Federation of Bosnia and Herzegovina has been a complex field of experiments for the outreach and referral program of the International Criminal Tribunal for the former Yugoslavia (ICTY). Meanwhile, most of the war crimes trials that were referred from the ICTY to the domestic jurisdiction have been completed. While these trials were mainly focused on the "big fishes" that were regarded as the most responsible for the atrocities during the 1992-1995 armed conflict, the rest of the suspected war criminals are prosecuted by the national authorities. The book provides an overview of national war crimes prosecutions in Bosnia and Herzegovina. It focuses on key problems of substantive and procedural criminal law aspects, such as the application of various different Criminal Codes for the same crimes at the state and entity level, as well as the introduction and application of plea bargaining in war crimes cases. (Series: International Criminal Law / Volkerstrafrecht und internationales Strafrecht - Vol. 5) [Subject: Transitional Justice, International Law, Criminal Law, Human Rights Law]

Author : Carsten Fiedler
Publisher : GRIN Verlag
Page : 49 pages
File Size : 45,6 Mb
Release : 2013-01-08
Category : Political Science
ISBN : 9783656347354

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Transitional Justice in Serbia: The Impact on Facing the Past by Carsten Fiedler Pdf

Master's Thesis from the year 2012 in the subject Politics - International Politics - Region: South East Europe, Balkans, grade: 1,6, University of Leipzig (Institut für Politikwissenschaft), language: English, abstract: In this thesis, I examine the effects of transitional justice and Europeanisation on the Republic of Serbia's policy of dealing with the past. The Republic of Serbia has shown – at different times - both refusal and assertion of Europeanisation. Refusal of Europeanisation did not contribute to an honest dealing with the past. While the assertion of Europeanisation accelerated compliance with the demands set out by the European Union, Serbia did comply mostly for reasons of strategy. That is, Serbia emphasized projects of dealing with the past mainly because they guarantee closer ties with the European Union. In this way, the European Union's capacity to shape the Serbian conception of history according to its identity is limited. Therefore, traditional Serbian narratives of its history will remain prevalent. Furthermore, I discuss the merits and shortcomings of the 'regional' approach to transitional justice at the example of the RECOM initiative and explain the political potential this project may have for the post-Yugoslav countries.

Author : Param-Preet Singh
Publisher : Unknown
Page : 44 pages
File Size : 45,9 Mb
Release : 2012
Category : Atrocities
ISBN : 1564328724

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Justice for Atrocity Crimes by Param-Preet Singh Pdf

"In recent years, there has been increasing recognition of the important role national courts have in post-conflict countries in holding to account in fair trials the perpetrators of war crimes, crimes against humanity, and genocide. Where there is national willingness to deliver justice but limited capacity, international support can be essential to bridge the gap. Based on research by Human Rights Watch in Bosnia in June 2011, this report highlights lessons from the temporary participation of international staff in the War Crimes Chamber in Bosnia and Herzegovina's State Court and in the Special Department for War Crimes of the Prosecutor's Office. These lessons may be especially relevant where international staff are deployed to bolster national authorities' capacity, independence, and impartiality. While the accomplishments of the chamber and the prosecutor's office are significant--the court has completed more than 200 cases in its seven years of operation--this model of providing international assistance to national justice has not been without flaws. The report concludes that policymakers, donors, and the Bosnian authorities failed to maximize the impact of international staff in the transfer of expertise in bringing cases to trial and institution building. If these shortcomings had been addressed earlier the chamber and the Prosecutor's Office could have been in a better position to withstand the increasingly volatile political climate in Bosnia. The report also discusses the importance of devising a realistic plan to phase out international staff and to engage public opinion through effective outreach to help create a climate that favors justice through fair trials. Finally, the report analyses some of the challenges of coordinating accountability efforts across multiple national courts and offers preliminary suggestions on how to overcome those challenges with the resources available."--P. [4] of cover.

Author : Martina Fischer
Publisher : Unknown
Page : 211 pages
File Size : 47,5 Mb
Release : 2013
Category : Peace-building
ISBN : 3941514148

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Dealing with the Past in the Western Balkans by Martina Fischer Pdf

Author : Daniela Lai
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2020
Category : Postwar reconstruction
ISBN : 1108819036

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Socioeconomic Justice by Daniela Lai Pdf

"Does socioeconomic justice belong within transitional justice? This book examines experiences of socioeconomic violence during war that give rise to strong, but unheeded justice claims in its aftermath. It redefines socioeconomic justice as the redress of violence rooted in the political economy of conflict, and transitional justice as a social practice that belongs among grassroots activists as much as in courtrooms and truth commissions. It also examines the role of international actors that rely on too narrow and legalistic approaches to transitional justice, while also promoting economic reforms that hinder the emergence and pursuit of socioeconomic justice claims by conflict-affected communities. The book draws on a unique set of in-depth interviews with Bosnian communities, international officials and grassroots activits to provide new theoretical and empirical insights on the link between justice and political economy, on international interventions, and on Bosnia's post-war and post-socialist transformation"--