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Transitional Justice in Serbia: The Impact on Facing the Past

Author: Carsten Fiedler

Publisher: GRIN Verlag

Published: 2013-01-08

Total Pages: 52

ISBN-13: 3656347352

Master's Thesis from the year 2012 in the subject Politics - Region: Southeastern Europe, 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.

Transitional Justice and Reconciliation

Author: Martina Fischer

Publisher: Routledge

Published: 2015-11-06

Total Pages: 285

ISBN-13: 1317529553

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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.

Towards a New Transitional Justice Model

Author: Roozbeh (Rudy) B. Baker

Publisher:

Published: 2015

Total Pages: 56

ISBN-13:

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Given the "third wave" of democratic development and entrenchment that has taken hold around the world within the past three decades, the topic of how these transitioning societies cope with the legacy of atrocity and criminality that often accompany authoritarian rule has taken on a fresh salience. The structural, ethical, legal, and political problems faced during such transitions have become the topic of a burgeoning "transitional justice" sub-field within the fields of Law and Political Science. This Article will survey key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition of Serbia during the first five years following the deposition of authoritarian ruler Slobodan Milošević in October 2000. This Article will argue for a new transitional justice model which holds political stability is a key variable. The outcome of the transitional justice process a country undertakes on its political stability needs to be taken into account when fashioning said process. There needs to exist some sort of common understanding between the various parties involved as to the procedures and/or extent to which transitional justice will be undertaken. This argument takes away nothing from those who would cite to necessity of bringing to accountability those who have committed past crimes, but rather argues that this noble concern over "justice" needs to be equally balanced with an understanding of the political realities facing newly transitioning states. As the Serbian case of transitional justice shall demonstrate, if this balance between the need for justice and the desire for stability is not met, then the result shall be a situation where both justice and stability suffer.

Assessing the Impact of Transitional Justice

Author: Hugo Van der Merwe

Publisher: US Institute of Peace Press

Published: 2009

Total Pages: 348

ISBN-13: 1601270364

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In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.

Transitional Justice in Balance

Author: Tricia D. Olsen

Publisher: United States Institute of Peace Press

Published: 2010

Total Pages: 0

ISBN-13: 9781601270535

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In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.

Some Kind of Justice

Author: Diane Orentlicher

Publisher: Oxford University Press

Published: 2018-03-30

Total Pages: 352

ISBN-13: 019088228X

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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.

International Conflict Resolution After the Cold War

Author: National Research Council

Publisher: National Academies Press

Published: 2000-11-07

Total Pages: 640

ISBN-13: 0309171733

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The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.

Transitional Justice and the ‘Disappeared’ of Northern Ireland

Author: Lauren Dempster

Publisher: Routledge

Published: 2019-06-11

Total Pages: 233

ISBN-13: 1351239368

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This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’

Transitional Justice, Culture, and Society

Author: Clara Ramirez-Barat

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9780911400021

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"Transitional justice processes have a fundamental public dimension: their impact depends in part on the social support they receive. Beyond outreach programs, other initiatives, such as media and cultural interventions, can strengthen--or in some cases undermine--the public resonance of transitional justice. How can media and art be used to engage society in discussions around accountability? How do media influence social perceptions and attitudes toward the legacy of the past? To what extent is social engagement in the public sphere necessary to advance the political transformation that transitional justice measures hope to promote? Examining the roles that culture and society play in transitional justice contexts, this volume focuses on the ways in which communicative practices can raise public awareness of and reflection upon the legacies of mass abuse." -- Publisher's description.

Transitional Justice and Education

Author: Clara Ramirez-Barat

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9780911400038

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After periods of conflict and authoritarianism, educational institutions often need to be reformed or rebuilt. But in settings where education has been used to support repressive policies and human rights violations, or where conflict and abuses have resulted in lost educational opportunities, legacies of injustice may pose significant challenges to effective reform. Peacebuilding and development perspectives, which normally drive the reconstruction agenda, pay little attention to the violent past. Transitional Justice and Education: Learning Peace presents the findings of a research project of the International Center for Transitional Justice on the relationship between transitional justice and education in peacebuilding contexts. The book examines how transitional justice can shape the reform of education systems by ensuring programs are sensitive to the legacies of the past, how it can facilitate the reintegration of children and youth into society, and how education can engage younger generations in the work of transitional justice.