The Elusive Reconciliation In The Former Yugoslavia

This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.

Even if all of the elements we know to be significant in the process of reconciliation were present, reconciliation would not necessarily take place. Reconciliation is a nonlinear, nonalgorithmic process that involves “matters of the heart.” From emergent creativity and its links to mysticism, to the evolution of emotions as drivers of thought, Awakening weaves cutting-edge discoveries in complexity theory with philosophical reflections on consciousness and language, drawing on Lonergan and Wittgenstein. Awakening as a phenomenon takes on a vibrant vitality as an aspect of transpersonal psychology and it manifests as imperatives to take responsibility for our relationships, to address complex challenges of justice, and to adopt a heart-based approach to peacebuilding.

This book looks into the role and effects of public apologies in international relations. It focuses on two major questions - why and when do states issue apologies for historic crimes and how and under what conditions are these apologies successful in remedying conflictive relationships? In recent years, we have witnessed an unseen popularity of apologies, with numerous politicians, managers and clergymen being eager to apologise and atone for the wrong-doings of their countries or institutions. Public apologies, thus, are a new and highly interesting, while nevertheless still puzzling phenomenon, the precise role and meaning of which in international politics remains to be explored. This book sets out to do exactly this. Focusing in particular on state apologies, it assembles twelve detailed empirical case studies which deal with the two questions raised above. In the first part, the case studies reconstruct the processes in which state representatives react to calls for public atonement, and in the second part the case studies explore the reactions to the apology and evaluate signs for its success or failure. All case studies are based on a theoretical framework which is outlined in the introduction to the book and helps develop tentative assumptions about the emergence and the effects of state apologies, drawing on different strands of literature, such as political science, philosophy, sociology or psychology. This work will be of great interest to students and scholars of conflict reconciliation, international relations and transitional justice.

Reconciliation by Stealth advances a novel approach to evaluating the effects of transitional justice in postconflict societies. Through her examination of the Balkan conflicts, Denisa Kostovicova asks what happens when former adversaries discuss legacies of violence and atrocity, and whether it is possible to do so without further deepening animosities. Reconciliation by Stealth shifts our attention from what people say about war crimes, to how they deliberate past wrongs. Bringing together theories of democratic deliberation and peacebuilding, Kostovicova demonstrates how people from opposing ethnic groups reconcile through reasoned, respectful, and empathetic deliberation about a difficult legacy. She finds that expression of ethnic difference plays a role in good-quality deliberation across ethnic lines, while revealed intraethnic divisions help deliberators expand moral horizons previously narrowed by conflict. In the process, people forge bonds of solidarity and offset divisive identity politics that bears upon their deliberations. Reconciliation by Stealth shows us the importance of theoretical and methodological innovation in capturing how transitional justice can promote reconciliation, and points to the untapped potential of deliberative problem-solving to repair relationships fractured by conflict. Thanks to generous funding from the London School of Economic and Political Science, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

Nearly 5,000 black Americans were lynched between 1890 and 1960, and asSherrilyn Ifill argues, the effects of this racial trauma continue to resound.While the lynchings were devastating, the little-known contemporaryconsequences, such as the marginalization of political and economicdevelopment for blacks, are equally pernicious. Ifill traces the lingering effects of two lynchings in Maryland to illustrate how ubiquitous this history is, and she issues a clarion call for the many American communities with histories of racial violence to be proactive in facing this legacy.

A rigourous analysis of context in transitional justice, examining the successes and failures of truth and reconciliation commissions in post-conflict settings.

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.