Courting Democracy in Bosnia and Herzegovina

Author: Lara J. Nettelfield
Publisher: Cambridge University Press
ISBN: 0521763800
Format: PDF, ePub, Docs
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"This book is essential reading for anyone interested in war crimes tribunals and their place in transitional justice. Nettelfield's wide and thorough research in the literature and on the ground in Bosnia and Herzegovina make this work stand out in a field already heavily populated. It represents a well-balanced and realistic assessment of the record of the International Criminal Tribunal for the former Yugoslavia."- Richard Goldstone, former chief prosecutor for the United Nations International Criminal Tribunals for Yugoslavia and Rwanda "Elegantly written and drawing on years of meticulous empirical research, Courting Democracy in Bosnia and Herzegovina is a major contribution to theoretical and policy debates on the role of international justice institutions. Nettelfield robustly challenges conventional critical assessments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and in so doing, changes forever the terms of the discussion about the impact of the ICTY in Bosnia-Herzegovina. Should be required reading in courses on human rights, international criminal law and political transitions in post-conflict settings."- Richard A. Wilson, Gladstein Chair of Human Rights, Director of the Human Rights Institute, and Professor of Anthropology at the University of Connecticut "This work is elegant in its rigor, lively in its tone, and uplifting in its spirit. Nettelfield gracefully moves us beyond turgidly contemptuous or blindly enthusiastic assessments of the relevance of international criminal law. She charts the field's role in post-conflict transition - a modest role, to be sure, and certainly a nuanced one, but also one that fosters democratic development. The book is a must-read for anyone concerned with Bosnia, transitional justice, and the role of law, in life. A tour de force!"- Mark A. Drumbl, Class of 1975 Alumni Professor and Director, Transnational Law Institute Washington and Lee University School of Law "Friends of international justice will welcome this balanced, methodologically rigorous assessment of popular responses to the ICTY in the Western Balkans. With its nuanced presentation of the Tribunal's impact, this work amply identifies missteps and pitfalls while providing gracious encouragement to proponents of international jurisprudence."- Robert Donia, Visiting Professor of History, University of Michigan "Lara Nettelfield has masterfully documented and analyzed the true impact of the International Criminal Tribunal for the former Yugoslavia on Bosnian society since 1993. She challenges conventional wisdom by demonstrating the Tribunal's modest but largely positive contribution to the democratic development of Bosnia and Herzegovina, including the introduction of new social movements for accountability. This book slays a few dragons and introduces refreshing clarity to a very challenging subject." - Professor David Scheffer, Northwestern University School of Law, and former U.S. Ambassador for War Crimes Issues (1997-2001)

The Yugoslav Example

Author: Bettina Gruber
Publisher: Waxmann Verlag
ISBN: 3830978448
Format: PDF, Mobi
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The term 'Yugoslav Wars' (or, often, 'the Balkan conflict') refers to a series of wars in the region of former Yugoslavia, which were associated with the break-up of that state. The Yugoslav Wars resulted in an unimaginable number of dead, injured and displaced people. They also had a devastating impact on the economy and on the environment. Most notably, in some of the states which emerged from the conflict, people still to this day cannot peacefully coexist with one another. Beyond the affected region itself, the military conflict also had significant implications for Europe and its member states. It destroyed the illusion that Europe had overcome war. Perhaps these recent wars have given Europe an impetus to draw lessons from them, to find out what really needs to be done to build a peaceful Europe. A particular characteristic of this publication is that it does not settle for a single precise analysis of the reasons for war and for post-war conflicts. Rather, peace efforts and peace treaties are analyzed by focusing on their function of preventing conflicts or reducing their extent. Emphasis is placed on the efforts of national actors as well as on those of actors in civil society to promote peace policies in the international sphere. This collection of articles might, for the first time, clearly display the political challenges of peace in the context of the collapse of Yugoslavia and its subsequent wars. It certainly seeks to illustrate what has been learned and what still needs to be learned for the future.

Transitional Justice and Reconciliation

Author: Martina Fischer
Publisher: Routledge
ISBN: 1317529561
Format: PDF, Docs
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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.

Innocence and Victimhood

Author: Elissa Helms
Publisher: University of Wisconsin Pres
ISBN: 0299295532
Format: PDF, Docs
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The 1992–95 war in Bosnia-Herzegovina following the dissolution of socialist Yugoslavia became notorious for “ethnic cleansing” and mass rapes targeting the Bosniac (Bosnian Muslim) population. Postwar social and political processes have continued to be dominated by competing nationalisms representing Bosniacs, Serbs, and Croats, as well as those supporting a multiethnic Bosnian state, in which narratives of victimhood take center stage, often in gendered form. Elissa Helms shows that in the aftermath of the war, initiatives by and for Bosnian women perpetuated and complicated dominant images of women as victims and peacemakers in a conflict and political system led by men. In a sober corrective to such accounts, she offers a critical look at the politics of women’s activism and gendered nationalism in a postwar and postsocialist society. Drawing on ethnographic research spanning fifteen years, Innocence and Victimhood demonstrates how women’s activists and NGOs responded to, challenged, and often reinforced essentialist images in affirmative ways, utilizing the moral purity associated with the position of victimhood to bolster social claims, shape political visions, pursue foreign funding, and wage campaigns for postwar justice. Deeply sensitive to the suffering at the heart of Bosnian women’s (and men’s) wartime experiences, this book also reveals the limitations to strategies that emphasize innocence and victimhood.

Srebrenica in the Aftermath of Genocide

Author: Lara J. Nettelfield
Publisher: Cambridge University Press
ISBN: 1107000467
Format: PDF
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This book traces the reverberations of genocide, forced displacement, and a legacy of loss in Bosnia and abroad.

Peines de guerre

Author: Isabelle Delpla
Publisher: Editions de l'Ecole Pratiques de Hautes Etudes en Sciences Sociales
ISBN:
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Depuis la création du tribunal TPIY en 1993, poursuites, sanctions et acquittements rythment les politiques d'inculpation. Ce livre revient sur la création, la réception et l'évolution de ce tribunal, symbole d'une justice internationale importée, imposée. Il confronte les pratiques du TPIY et les pratiques pénales nationales, sa réception dans un pays dont on oublie trop souvent sa pleine appartenance à un espace et à une tradition européenne, et ayant vécu des procès de sorties de guerre, en restitue le contexte historique, philosophique, politique et social. Une autre grande originalité de ce livre est l'attention portée à la peine. Car le TPIY affecte d'abord les pays concernés par ses inculpations et les peines qu'il accorde. La complexité des prises de position, les différences géographiques, les héritages, les rapports entre vérité juridique et vérité historique, les mots juridiques et leur glissement vers un vocabulaire ordinaire, les attentes des sanctions, le ressenti des victimes, l'utilisation des plaidoyers de culpabilité : les multiples facettes de la justice pénale internationale appellent, pour être éclairées, à une réflexion collective. Face à des questions laissées longtemps sans réponse, juge, historien, criminologue, philosophe, anthropologue croisent ici leurs regards. Certains, acteur ou témoins, reviennent sur leur expérience. Ces décloisonnements constituent une lecture inédite et courageuse du TPIY.

Oil Is Not a Curse

Author: Pauline Jones Luong
Publisher: Cambridge University Press
ISBN: 1139491156
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This book makes two central claims: first, that mineral-rich states are cursed not by their wealth but, rather, by the ownership structure they choose to manage their mineral wealth and second, that weak institutions are not inevitable in mineral-rich states. Each represents a significant departure from the conventional resource curse literature, which has treated ownership structure as a constant across time and space and has presumed that mineral-rich countries are incapable of either building or sustaining strong institutions - particularly fiscal regimes. The experience of the five petroleum-rich Soviet successor states (Azerbaijan, Kazakhstan, the Russian Federation, Turkmenistan, and Uzbekistan) provides a clear challenge to both of these assumptions. Their respective developmental trajectories since independence demonstrate not only that ownership structure can vary even across countries that share the same institutional legacy but also that this variation helps to explain the divergence in their subsequent fiscal regimes.

Can Might Make Rights

Author: Jane Stromseth
Publisher: Cambridge University Press
ISBN: 1139458701
Format: PDF, Docs
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This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.

Authoritarian Rule of Law

Author: Jothie Rajah
Publisher: Cambridge University Press
ISBN: 1107012414
Format: PDF, Kindle
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Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.