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Author : Anonim
Publisher : Unknown
Page : 48 pages
File Size : 48,6 Mb
Release : 2012
Category : Electronic
ISBN : OCLC:814390674
Author : Council of Europe
Publisher : Council of Europe
Page : 49 pages
File Size : 52,5 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 8210379456XXX
The dissolution of the former Yugoslavia was accompanied by a series of wars in the 1990s marked by gross human rights violations. The legacy of this violent past lingers on in this region, putting human rights and social cohesion at risk. Despite important constructive steps taken by governments, national justice systems are confronted with serious shortcomings and impunity is still prevalent. Thousands of war victims, including refugees and other displaced persons, stateless people and families of missing persons remain without reparation. The need to establish and recognise the truth about the gross human rights violations during the war is not yet a fully accepted principle. This issue paper deals with the process of post-war justice and the efforts to address the remaining issues and establish long-term peace in the region of the former Yugoslavia. Its main focus is the analysis of four major components of post-war justice: the elimination of impunity; the provision of adequate and effective reparation to all war victims; the need to establish and recognise the truth concerning the gross human rights violations and serious violations of international humanitarian law that occurred; and the need for institutional reforms to prevent any repetition of past events. The issue paper concludes with a number of recommendations addressed primarily to the states in the region concerned.
Author : Paul R. Williams,Michael P. Scharf
Publisher : Rowman & Littlefield
Page : 354 pages
File Size : 47,5 Mb
Release : 2002
Category : Law
ISBN : 0742518566
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
Author : Mirko Klarin
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 53,5 Mb
Release : 2015-05-29
Category : Law
ISBN : 9788283480009
Author : Jared O. Bell
Publisher : Vernon Press
Page : 158 pages
File Size : 50,9 Mb
Release : 2018-11-10
Category : Social Science
ISBN : 9781622732043
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 : Natasha Stamenkovikj
Publisher : BRILL
Page : 413 pages
File Size : 55,6 Mb
Release : 2021-11-29
Category : Law
ISBN : 9789004439474
Dr. Natasha Stamenkovikj offers a comprehensive account of the right to the truth as a right in international law and an element in delivering justice though European governance.
Author : Marc-Antoine Pérouse de Montclos,Elizabeth Minor,Samrat Sinha
Publisher : Springer
Page : 143 pages
File Size : 51,9 Mb
Release : 2016-02-11
Category : Social Science
ISBN : 9783319120362
This book examines the methodological problems of accounting for the dead in armed conflicts as well as how the process itself is open to manipulation and controversy. Inspired by the work of the International Practitioner Network of casualty recording organizations, the book features thematic analysis, case studies and historical discussion on the use of the body count towards political, humanitarian and military ends. The book begins with a strategic analysis of the body count that introduces a general discussion on the measurement of war violence; its treatment by the media, humanitarian organizations, governments and the military; and its legal and political implications. It then examines the accounting for civilian war casualties in past and future conflicts, investigates the way the International Committee of the Red Cross has dealt with the issue of missing persons and the identification of dead bodies in armed conflicts and explores the role of statistics in aid policy debates, especially in regards to humanitarian workers. Next, the book details the field of casualty recording as practiced by civil society organizations, with insights from a study of 40 practitioners. It also features narrative case studies that detail the ways human losses were documented during recent conflicts in Northeastern India (2006-2009) and Croatia (1991-1995). In addition, one case study looks at the usefulness of casualty recording in engaging policymakers on the impacts of particular technologies of violence. This book offers an insightful investigation into violence, statistics and the politics of accounting for the dead. It will appeal to a broad audience of policy-makers, human rights activists, humanitarian practitioners as well as academics.
Author : Janine Natalya Clark
Publisher : Routledge
Page : 266 pages
File Size : 46,7 Mb
Release : 2014-06-20
Category : Law
ISBN : 9781317974758
Transitional justice is a burgeoning field of scholarly inquiry. Yet while the transitional justice literature is replete with claims about the benefits of criminal trials, too often these claims lack an empirical basis and hence remain unproven. While there has been much discussion about whether criminal trials can aid reconciliation, the extent to which they actually do so in practice remains under-explored. This book investigates the relationship between criminal trials and reconciliation, through a particular focus on the International Criminal Tribunal for the former Yugoslavia (ICTY). Using detailed empirical data – in the form of qualitative interviews and observations from five years of fieldwork – to assess and analyze the ICTY’s impact on reconciliation in Bosnia-Hercegovina, Croatia and Kosovo, International Trials and Reconciliation: Assessing the Impact of the International Criminal Tribunal for the former Yugoslavia argues that reconciliation is not a realistic aim for a criminal court. They are, Janine Clark argues, only one part of a rich tapestry of justice, which must also include non-retributive transitional justice processes and mechanisms. Challenging many of the common yet untested assumptions about the benefits of criminal trials, this innovative and extremely timely monograph will be invaluable for those with interests in the theory and practice of transitional justice.
Author : Aidan Hehir,Furtuna Sheremeti
Publisher : Routledge
Page : 161 pages
File Size : 41,5 Mb
Release : 2021-07-15
Category : Political Science
ISBN : 9781000409963
This book analyses efforts to achieve justice in Kosovo for victims of crimes committed during the conflict in the 1990s, relating this to broader debates on transitional justice. The war in Kosovo has come under the jurisdiction of a number of mechanisms which fit within the broader framework of transitional justice. These include international tribunals (the ICTY), international organisations with judicial mandates within Kosovo (UNMIK and EULEX), ad-hoc hybrid tribunals (the Kosovo Specialist Chambers) and truth-seeking mechanisms (RECOM and the Truth and Reconciliation Commission). Collectively, these developments make Kosovo a profoundly important case study on the contemporary efficacy of transitional justice. This volume analyses the nature and impact of the various mechanisms employed to date in Kosovo to determine their effects within the country, and their broader international significance. Various critical issues are examined through an exploration of the institutional mechanisms employed in each case, their coherence with existing theories on "best practice" principles, and the broader implications of their efficacy in Kosovo. This book will be of much interest to students of transitional justice, statebuilding, Balkan politics, and International Relations in general.
Author : Martina Fischer,Olivera Simic
Publisher : Routledge
Page : 285 pages
File Size : 44,5 Mb
Release : 2015-11-06
Category : Law
ISBN : 9781317529552
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 : Jelena Subotić
Publisher : Cornell University Press
Page : 223 pages
File Size : 46,6 Mb
Release : 2011-02-23
Category : Political Science
ISBN : 9780801458101
What is the appropriate political response to mass atrocity? In Hijacked Justice, Jelena Subotic traces the design, implementation, and political outcomes of institutions established to deal with the legacies of violence in the aftermath of the Yugoslav wars. She finds that international efforts to establish accountability for war crimes in the former Yugoslavia have been used to pursue very different local political goals.Responding to international pressures, Serbia, Croatia, and Bosnia have implemented various mechanisms of "transitional justice"—the systematic addressing of past crimes after conflicts end. Transitional justice in the three countries, however, was guided by ulterior political motives: to get rid of domestic political opponents, to obtain international financial aid, or to gain admission to the European Union. Subotic argues that when transitional justice becomes "hijacked" for such local political strategies, it fosters domestic backlash, deepens political instability, and even creates alternative, politicized versions of history. That war crimes trials (such as those in The Hague) and truth commissions (as in South Africa) are necessary and desirable has become a staple belief among those concerned with reconstructing societies after conflict. States are now expected to deal with their violent legacies in an institutional setting rather than through blanket amnesty or victor's justice. This new expectation, however, has produced paradoxical results. In order to avoid the pitfalls of hijacked justice, Subotic argues, the international community should focus on broader and deeper social transformation of postconflict societies, instead on emphasizing only arrests of war crimes suspects.
Author : Branislav Radeljic
Publisher : Routledge
Page : 244 pages
File Size : 47,5 Mb
Release : 2016-04-22
Category : Science
ISBN : 9781317139904
Charting the path from intervention to integration Europe and the Post-Yugoslav Space examines the role of Europeanization on the development of the countries of the former Yugoslavia. Slovenia, Croatia, Macedonia, Montenegro, Serbia, Bosnia and Herzegovina and Kosovo may have a shared history but their experiences, views and attitudes to European integration vary dramatically. Opinion within each state is often equally as keenly divided as to the benefits of active membership. The debate within each country and their comparative differences in approach provide fascinating case studies on the importance and relevance of the EU and the effectiveness of Europeanization. A wide range of contributors with significant experience gained within the EU as well as their country of origin use their expert understanding of the language and cultures of the countries concerned to provide detailed and rich insights into the troubled history and potential of the post-Yugoslav space.
Author : Daniel Pascoe,Andrew Novak
Publisher : Routledge
Page : 232 pages
File Size : 47,7 Mb
Release : 2020-07-30
Category : Law
ISBN : 9781000082258
Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.
Author : Richard Henry Ullman
Publisher : Council on Foreign Relations
Page : 240 pages
File Size : 53,8 Mb
Release : 1996
Category : History
ISBN : 0876091915
What can outside powers do now to help heal the terrible wounds caused by Yugoslavia's wars? Why did the victors in the Cold War and the 1991 Gulf War not act to stop the slaughter? The nature, scope, and meaning of the actions and inactions of outsiders is the subject of this book.
Author : David Bloomfield,Terri Barnes,Lucien Huyse
Publisher : Unknown
Page : 188 pages
File Size : 43,5 Mb
Release : 2003
Category : Political Science
ISBN : STANFORD:36105111804477
How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.