Post War Justice And Durable Peace In The Former Yugoslavia

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.

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.

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.

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.

Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.

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.