ISSS 2010_ESSAYS

ISSS 2010_ESSAYS_

Dear all,

As you all know one of your obligations in order to obtain your certificate is to submit your essay by the
end of day 11 of the ISSS 2010 (Wednesday, August 4) by 20:00.

TOPICS

By July 15 you will have time to decide what will be the topic for your essays. To facilitate your selection
we included a short background document on Human Rights and Transitional Justice as well as a link to
a compilation of READING MATERIALS1. A Reader Summary is also attached to this e-mail.

We prepared a LIST OF SUGGESTED TOPICS but given your academic and professional experience we
welcome all of your proposals as long as they relate to the main topic of ISSS 2010. These are the topics
which explore the interrelation between Human Rights in terms of Transitional Justice, or more
generally which explore the problems which relate to human rights in transitional societies. We also
welcome topics which explore different segments of Transitional Justice mechanisms.

FORMATING

Your essays should not exceed 15 pages including the Table of Contents, abstract and the bibliography
with 1.5 line-spacing. A COMPREHENSIVE STYLE GUIDE FOR ESSAYS EDITING is also attached to this e-
mail.

COMPUTERS

If you don’t own a laptop you will have access to computers at the dormitories 24/7. The dormitories
and the UNITIC building (lecture hall) have wireless routers (free of charge) and all the computers at the
dormitories have access to internet which all will accommodate your research.

1
Available at http://www.sendspace.com/file/8kvv0x

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VISIT TO THE HUMAN RIGHTS CENTRE

The 11th day is dedicated only to the finalization of your essays where we will have a chance to visit the
library of the Human Rights Centre which has over 1000 books (in English) all focusing on human rights
and transitional justice.

You can browse the catalogue of the HRC Library by typing key words in the form (like: human rights,
transitional justice etc) and clicking on the button entitled “Trazi “ on this link

http://library.foi.hr/m3/jgupit.asp?B=372&N=&V=&J=&K=&O=&S=&P=P&U=

We strongly recommend to you that you check in advance for literature on this website so we could ask
the librarians to prepare these materials in advance.

The visit is not mandatory and only those of you who need to have more sources are invited to sign up
no later than two days prior to the visit directly back to my e-mail adnan.kadribasic@pravnik-
online.info .

ALL ESSAYS ARE EXPECTED TO BE SENT DIRECTLY TO MY E-MAIL ON THIS DAY BY 20:00.

PRESENTATION AND PUBLICATION

On the last day of ISSS 2010 selected essays will be presented to other participants. The ISSS Team will,
in consultation with you as authors, decide which essays will be presented. The presenters will have up
to 15 minutes and you may use PowerPoint presentations, followed by Q&A for another 15 minutes.

The ISSS Team is planning to publish your essays as a direct output of ISSS 2010. The publication should
be finalized by October 2010, but in the meantime we might ask you to revise your essays if necessary.

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TO SUM UP
Today: initial e-mail from ISSS Team relating to your essays

July 15: you have to let me know about your topic per reply to all to this e-mail

By August 2 you have to let me know about your visit to the Human Rights Centre Library

August 4: Visit to the HRC library/ Final Essays submitted to this e-mail

August 6: Selected essays presented

October 2010: Publication of your essays

If you need more information please don’t hesitate to contact me at anytime, because I’ll be mainly at
your disposal in relation to your essays.

Best,

Adnan Kadribasic

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LIST OF TOPICS FOR ISSS 2010 ESSAYS_

1. The need for Transitional Justice

2. International and Regional Approaches

3. United Nations Approach to Transitional Justice

4. The European Union and Transitional Justice

5. Transitional Justice and the Council of Europe

6. Transitional Justice in South-East Europe

7. Criminal prosecutions

8. International Criminal Court to ad hoc international and mixed tribunals and truth commissions
and their contribution to Rule of Law

9. Transitional justice and the International Criminal Court

10. Truth commissions.

11. Reparation programs

12. Security system reform

13. Vetting

14. Memorialisation efforts.

15. Transitional Justice and Human Rights

16. Gender and Transitional Justice

17. Outreach

18. Transitional Justice and the Role of the Media

19. Transitional Justice in South-East Europe

20. The ICTY and transitional justice

21. Transitional Justice and Reconciliation

22. Truth-finding and truth-telling

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23. Truth Commissions, Transitional Justice and Civil Society

24. Human Rights Politics & Transitional Justice

25. Democratization and human rights

26. Political rights and transition

27. Economic and social rights in transitional societies

28. The role of NGOs in transitional human rights regimes

29. The importance of UN SC R 1325 (2000) in transition

30. Human Rights and Peace Arrangements

31. Children rights and Transitional Justice

32. Property Rights and Transitional Justice

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HUMAN RIGHTS AND TRANSITIONAL JUSTICE
BACKGROUND ANALYSIS2

HUMAN RIGHTS AND SOCIETIES IN TRANSITION_

Human rights violations are often particularly severe in transition societies that are undergoing
significant political, social, and economic transformation. Improving human rights practices in transition
societies should therefore be a central goal for domestic reformers and the international community
alike. This makes sense, not only because of the intrinsic value of improved human rights protection but
also because of the indirect effects that such improvements have on democratization, economic
development, and conflict resolution. To address transitional human rights problems constructively it is
necessary to understand both the international regime pushing for human rights improvements and the
main sources of continuing violations. The international human rights regime consists of international
and domestic norms and standards, on the one hand, and of practical promotion efforts by
intergovernmental organizations (IGOs), non-governmental organizations (NGOs), and sovereign state
policies, on the other. The main sources of continuing violations are hypothesized to be political regime
type and political leadership, political cultures and national identities, economic structures and
interests, and civil and international military conflict. Transitional human rights violations are common
because the

international and domestic factors favouring improved human rights are so often overwhelmed by
international and domestic factors favouring continued violations. In future, more constructive efforts to
promote transitional human rights should focus on building up the most promising favourable factors
and targeting the most readily changed unfavourable ones.

THE INTERNATIONAL HUMAN RIGHTS REGIME

Today’s international human rights regime consists of an accumulating body of internationally accepted
norms and legal instruments, along with efforts by IGOs, NGOs, and national governments to promote
improved human rights practices. The post-World War II foundation for the international human rights
regime is the 1948 Universal Declaration of Human Rights (UDHR). The UDHR went beyond the
traditional civil rights focus to embrace political rights and economic, social, and cultural rights. This set
the precedent followed by a long stream of subsequent human rights conventions and resolutions.
These provided more detailed statements of recognized civil, political, economic, social, and cultural
rights and expanded human rights protection into new areas (such as various group rights).

2
This background analysis has been prepared by the organizers for the purposes of ISSS 2010 only. Reference
material and sources are available below.

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Unfortunately, the process of abstract standard setting has made more rapid progress than efforts to
legitimize and enforce the standards in practice. Practical efforts by IGOs and governments have been
limited by two main factors. First, the principle of non-intervention in the internal affairs of states is
given great prominence in the UN Charter. Most states view this principle as the most important legal
guarantee of their sovereignty against intrusions by other, more powerful states and the objectives and
ideologies that animate them. A second, similar, constraint operates from the direction of states and
societies that more strongly embrace human rights standards, both for themselves and for others. On
the one hand, such states are more likely to link an ideological embrace of human rights with the
complementary pragmatic view that expanding human rights protection is in their national security and
economic interests. Moreover, such states are most likely to harbour well-organized and well-financed
human rights NGOs. On the other hand, states’ pursuit of their security and economic interests also
tends to constrain their promotion of human rights, particularly vis-a` -vis the most powerful and
important human rights-violating regimes. Both non-intervention norms and limited interest in
intervention explain the highly selective manner in which the relevant UN bodies recognize and
condemn human rights violations.

Human rights NGOs and their individual and organizational supporters are the final component of the
international human rights regime. NGOs are largely unconstrained by national interests. Although they
have their own ideological biases, competition among them produces a large and relatively objective
stream of information about human rights practices around the world. Just as importantly, NGOs are
engaged in ongoing efforts to popularize and advance the whole panoply of human rights causes around
the world. These informational and advocacy functions can potentially have significant impacts on elite
and public opinion, fertilizing and organizing local human rights traditions and movements to the point
where they become prominent and influential in domestic culture and politics. This slow, decentralized
process of building human rights awareness through local contacts is probably the international human
rights regime’s most powerful and consistent force for positive change.

Yet human rights NGOs and their supporters are strongly constrained by local conditions. Most
importantly, ruling regimes may impose strong restrictions against organized human rights advocacy, to
the point of imposing arbitrary, draconian punishments on all those who try. There are also other types
of barriers. On the basis of past national and local experiences, human rights NGOs may be associated
with undesirable imposition of alien standards and policies; furthermore, even when the will is there,
more pressing problems and threats – such as poverty, economic instability, and civil conflict –
necessarily limit locally available audiences and resources.

SOURCES OF TRANSITIONAL HUMAN RIGHTS PRACTICES

Sources of transitional human rights practices focus on four main factors that seem likely to influence
human rights practices:

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a) political regime type and leadership;
b) political culture and national identity;
c) economic structure and interests; and
d) civil and international conflict.

These factors can have a significant impact both alone and in combination with one another. Apart from
the direct effects of the factors operating separately, two types of interactive effects seem particularly
likely: authoritarian political regimes are more likely to adopt informational and cultural policies,
economic policies, and conflict related policies that threaten human rights; second, civil and
international conflict is likely to destabilize democracies and make authoritarianisms more repressive,
which, as discussed, is likely to produce more unfavourable informational and cultural policies,
economic policies, and conflict related policies.

Let us now return in more detail to these four factors and their impact on human rights conditions. First,
significant progress towards full democratization is usually associated with greater progress towards
respect for human rights generally. In contrast, authoritarian regimes are more likely to employ various
kinds of human rights abuses to forestall challenges to their political power. Full democratization
necessarily involves free expression, freedom of the press, and freedom of association for political
purposes and organizations, as well as free and fair elections to the positions of real political power. A
free political process usually incorporates an array of legal and institutional human rights protections
and facilitates mobilization for human rights improvements through the political process. More well
institutionalized and widely legitimate democratic processes are thus typically associated with stronger
human rights protection. Of course, the association is far from perfect: extensive political freedom may
exist alongside severe restriction of other human rights. For example, arbitrary and corrupt use of police
and judicial powers might be significant, but not typically directed at political targets. There might be
significant restriction of economic opportunities of individuals and groups, but these might affect people
of all political persuasions more or less equally. Traditional forms of discrimination may flourish in the
larger society, and political efforts to stop them and to remedy their effects may be intermittent and
often ineffective.

However, the situation for other human rights is likely to be worse if political rights and freedoms are
weak or non-existent. Authoritarian regimes and leaders typically use their discretionary power to attack
and weaken their political opponents and to prevent new opposition from arising. This strategy usually
goes beyond action against political free- doms proper: authoritarian regimes are more likely to try to
monopolize control of the mass media and other ‘‘informational’’ institutions, particularly the
educational system and religious institutions. This control will be used to shut out opposition voices,
including human rights advocates. At the same time, the regime will argue that local traditions and
historical experiences justify its own practices and that they are threatened by he supposedly ‘‘alien’’

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demands of the opposition. Authoritarian regimes are also more likely to politicize economic subsidies
and regulations in an effort to build bases of support through patronage networks.

This results in more wide spread discrimination and greater neglect in providing public goods. Last,
authoritarian regimes may initiate or perpetuate civil and international conflicts, in order to divert public
attention away from political and economic difficulties that undermine their legitimacy. 6 These likely
interactions are shown in figure 1.1. Second, norms and values associated with political cultures and
national identities are likely to influence human rights practices in two ways:

(1) they may lead political elites to adopt compatible objectives and to accept compatible constraints on
their methods;

(2) they make it possible to mobilize mass support for regimes and policies on grounds that go beyond
calculations of individual self-interest.

Political cultures and national identities are likely to contribute indirectly to stronger protection of
human rights if political or other human rights are viewed as important means or ends in serving
traditional values or fulfilling important national ideals. Similarly, political cultures and national
identities are most likely to contribute indirectly to human rights violations where political and other
rights are viewed as directly or indirectly inimical to traditional values or national ideals. There are many
possibilities for greater or lesser ideological or practical compatibility between human rights norms and
local political cultures and identities. Local political cultures and identities can also be invoked in
disputes over regime type, economic policies, and civil and international conflicts. This can make it more
(or less) difficult to adopt political institutions, economic policies, and conflict-related policies that affect
human rights practices. Third, extreme poverty places intrinsic limits on public goods provision and leads
elites and masses to place less emphasis on non-economic objectives (including non-economic human
rights). Further, economic structure and the associated economic interest group cleavages over
economic policies are an important determinant of what is at stake in the political process. Extreme
political polarization, which often pre-empts or threatens protection of political and other rights, is
sometimes due to disputes over economic policies. Fourth, war is a serious direct and indirect threat to
human rights protection. Directly, human rights tend to be pushed aside as they interfere with
maximum mobilization amidst a national emergency. Even if human rights protection does not interfere
with mobilization, national emergency is a convenient pretext for attacking human rights. In a number
of related ways, war is also an indirect threat. The ideological polarization unleashed by war makes
regimes both more willing and more able to manipulate public opinion in a manner adverse to
maintaining human rights protection. War undermines economic performance and involves a risk of
military defeat. Both deteriorating economic performance and military defeat weaken the popular
legitimacy of the existing regime, making it more susceptible to being overthrown through mass political
processes or coups. Such developments are a serious threat to political regimes that uphold strong
human rights protection. Such developments can also threaten political regimes that severely violate
human rights practices. However, there is an important asymmetry between the two types: as

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‘‘violator’’ regimes are more likely to move pre-emptively to forestall political threats, they are less
vulnerable than ‘‘protector’’ regimes; in other words, war is a form of political ‘‘natural selection’’ that is
more dangerous for regimes that respect human rights. War can be more safely used as a diversionary
tactic by ‘‘violator’’ than by ‘‘protector’’ regimes.

TRANSITIONAL JUSTICE APPROACH_

Transitional justice is an approach to systematic or massive violations of human rights that both
provides redress to victims and creates or enhances opportunities for the transformation of the political
systems, conflicts, and other conditions that may have been at the root of the abuses. A transitional
justice approach thus recognizes that there are two goals in dealing with a legacy of systematic or
massive abuse. The first is to gain some level of justice for victims. The second is to reinforce the
possibilities for peace, democracy, and reconciliation. To achieve these two ends, transitional justice
measures often combine elements of criminal, restorative, and social justice.

Transitional justice is not a special form of justice. It is, rather, justice adapted to the often unique
conditions of societies undergoing transformation away from a time when human rights abuse may have
been a normal state of affairs. In some cases, these transformations will happen suddenly and have
obvious and profound consequences. In others, they may take place over many decades.

In making such a transition, societies must confront the painful legacy, or burden, of the past in order to
achieve a holistic sense of justice for all citizens, to establish or renew civic trust, to reconcile people and
communities, and to prevent future abuses. A variety of approaches to transitional justice are available
that can help wounded societies start anew. These approaches are both judicial and nonjudicial, and
they seek to encompass broadly the various dimensions of justice that can heal wounds and contribute
to social reconstruction. Transitional justice incorporates a realistic view of the challenges faced by
societies emerging from conflict or repression, and an appreciation of their unique cultural and historical
contexts, without allowing these realities to serve as excuses for inaction. All stakeholders in the
transition process must be consulted and participate in the design and implementation of transitional
justice policies. The approaches to transitional justice are based on a fundamental belief in universal
human rights, and rely on international human rights and humanitarian law in demanding that states
halt, investigate, punish, repair, and prevent abuses. Transitional justice approaches consistently focus
on the rights and needs of victims and their families.

The major approaches to transitional justice include the following:

• Domestic, hybrid, and international prosecutions of perpetrators of human rights abuse

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•Determining the full extent and nature of past abuses through truth-telling initiatives, including
national and international commissions

•Providing reparations to victims of human rights violations, including compensatory, restitutionary,

rehabilitative, and symbolic reparations

• Institutional reform, of which one measure is the vetting of abusive, corrupt, or incompetent officials
from the police and security services, the military, and other public institutions including the judiciary.
Vetting refers to the process of excluding from public employment those known to have committed
human rights abuses or been involved in corrupt practices.

•Promoting reconciliation within divided communities, including working with victims on traditional
justice mechanisms and forging social reconstruction

• Constructing memorials and museums to preserve the memory of the past

• Taking into account gendered patterns of abuse to enhance justice for female victims.

TRANSITIONAL JUSTICE TODAY

Transitional justice today is a diverse and vibrant field. As it has grown, it has found common ground
with social justice movements, as well as the fields of conflict resolution, peace-building, and historical
memory, to name a few.

As transitional contexts have shifted from the post-authoritarian societies of Argentina and Chile to the
post-conflict societies of Bosnia and Herzegovina, Liberia, and the Democratic Republic of the Congo,
new practical challenges have forced the field to innovate and expand it boundaries. Ethnic cleansing
and displacement, the reintegration of ex-combatants, reconciliation among communities, and the role
of justice in peace building—these have all become important new issues for transitional justice
practitioners to tackle. The reintegration of ex-combatants, for example, is an important issue for
several reasons. First, among the ranks of ex-combatants may be perpetrators or even masterminds of
massive human rights violations. Second, in general, ex- combatants often receive money and job
training as incentives to disarm, whereas victims typically receive little or nothing at all in order to help
rebuild their lives. Such imbalances are morally reprehensible, and also unwise. They may foster
resentment, making receiving communities more reluctant to reintegrate ex-combatants, and they may
also threaten post- conflict stability.

TRANSITIONAL JUSTICE IN SOUTH-EAST EUROPE

Almost fifteen years of war and violence devastated the economic and political systems of countries of
former Yugoslavia and had a huge impact on the social fabric, leaving many people traumatised,
displaced or still missing. Mutually excluding “truths” about these wars and the atrocities committed

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have emerged, and these are making up part of the national identities, reinforcing the fragmentation of
post-war societies.

How do societies emerging from war come to terms with their recent violent past? How can people and
communities, deeply divided and traumatised, regain trust in fellow citizens and state institutions,
achieve a sense of security and economic stability, rebuild a moral system and a shared future?
Apparently, this is a complex and long-term process, which ultimately has to involve all layers and
structures of a society. Nevertheless, many experiences of past decades suggest that truth-seeking
mechanisms and public recognition of responsibility, as well as re-establishing justice through various
means, are important elements of thisprocess. They – amongst others – assist societies to constructively
deal with their violent past, (re)establish accountable and democratic institutions and achieve
reconciliation. Over the course of time, different approaches have been established – more recently
referred to as transitional justice mechanisms (see Kritz 1995; UN Report 2004)1 – in order to address
the question of truth and justice in societies transitioning from war to peace.

In the countries of Former Yugoslavia several strategies have been tried including:

Prosecution and Setting Up New Courts

International Criminal Tribunal for the former Yugoslavia (ICTY)
National Courts
Mixed Courts in the Region
Reparation
Lustration
Truth-seeking and Fact-finding
Truth and Reconciliation Commission
Fact-finding and Documentation
Public Debates and Public Acknowledgment
Education
Healing and Story-Telling

TRANSITIONAL JUSTICE MECHANISMS IN BOSNIA AND HERZEGOVINA

The domestic War Crimes Chamber (WCC), part of the State Court of BiH, opened in March 2005. This
Chamber is set to become the most prominent criminal court dealing with war crimes committed in BiH
between 1991 and 1995.6 Its first task has been to process numerous war crimes cases handed down by
ICTY to decide which should be tried before the WCC and which should go before the local courts. It is
unclear at this stage how many cases it will be able to prosecute, but it is unlikely to exceed a few
hundred. Lastly, there are the sixteen domestic courts that also have jurisdiction over war crimes, crimes
against humanity and genocide—ten cantonal courts in the Federation, five district courts in the
Republika Srpska (RS) and one in Brčko District. It is worth pointing out that these courts will be handling

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more than 90 per cent of the caseload, yet do not receive anything like the funding support given to the
WCC and are seriously lacking in capacity.

Truth-Seeking

The second pillar in the transitional justice tool box is ‘truth-seeking’, or ‘fact-finding’. Discussions have
been under way intermittently since the signing of the Dayton Accords on ways to establish the truth
about what happened during the conflict, including proposals on a draft law for a truth commission, but
little concrete progress has been achieved.

The one exception in this regard is the landmark 2004 RS Srebrenica Commission report, which led to an
apology by the RS Government to the families of the Srebrenica victims. This commission arose out of an
obligation for the RS to respond to a Human Rights Chamber decision regarding forty-nine complaints
brought by victims’ families. Nevertheless, it required the intervention by the High Representative, Lord
Ashdown, to set it in motion. Despite similar rulings by the Human Rights Chamber on other incidents of
severe human rights violations7, there have so far been no further such commissions.

Under the truth-seeking pillar comes documentation. Leading the field is the invaluable work of the
Investigation and Documentation Centre (IDC) led by Mirsad Tokaca.8 In the past twelve years, IDC has
gathered millions of pages 122 Local–Global of various documents, predominantly statements of
surviving victims and eyewitnesses, and registered the locations of over 440 prisons and concentration
camps, 320 mass graves and 900 incidents of mass killing where civilians were the predominant victims.

Also under this heading is the important work of the inter-governmental organization ICMP
(International Commission of Missing Persons9) in the exhumation and identification of bodily remains.
Additionally, two entity-level missing persons institutes were set up. At the end of August 2005, the
state-level Missing Persons Institute was officially inaugurated, which replaced the two entity-level
bodies.

Reparations

The issue of reparations has, so far, not figured prominently across the BiH post-conflict landscape. No
reparations were allowed at ICTY and none have been provided for within the mandate of the War
Crimes Chamber. There have, however, been recent regional developments, such as Montenegro
compensating Croatia for the 1991 shelling of Dubrovnik. The outcome is awaited in early 2006 of a
pending case against Serbia, fi led with the International Court of Justice by BiH. There is also a
compensation claim against the Netherlands by the victims’ families of Srebrenica currently being
addressed by the Dutch courts. Many believe that the whole issue of reparations will have to be
addressed at some later stage.

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Institutional Reform

Countries recovering from conflict often need to adopt a broad range of institutional reforms to prevent
a relapse into violence. In BiH, new human rights institutions were created post-conflict, such as the
Human Rights Chamber. This was replaced at the end of 2003, in line with Dayton Agreement, by the
Commission for Human Rights of the Constitutional Court of BiH. Police reform carried out by the United
Nations Mission in BiH (UNMIBH) included a rigorous screening process of police offi cers10 but
widespread lustration within the political and military sphere did not take place. However, the High
Representative’s Bonn powers, granted by the Peace Implementation

Council in 1997, gave him the mandate to dismiss obstructionist politicians from public life and these
included some staunchly nationalist wartime politicians. However, there are still alleged to be war
criminals holding public office.

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READER MATERIALS_SUMMARY

PART I: INTRODUCTION TO TRANSITIONAL JUSTICE

01. What is TJ?

ICTJ

02. What is Transitional Justice?

ICTJ

03. What is Transitional Justice? – A Backgrounder

Author: Office of the United Nations

04. What is Transitional Justice?

ICTJ

05. Unfinished business: Transitional justice in Europe - an outline strategy

ICTJ

06. The EU‟s transitional justice strategy: gaps and opportunities

Dick Oosting

07. Justice in Peacebuilding: Towards a policy framework for the European Union

Laura Davis and Thomas Unger

08. Toward a Democratic Rule of Law - East and West

Stephen L. Esquith

09. Justice after transition: on the choices successor elites make in dealing with the past

L. Huyse

10. Is Transitional Justice Really Just?

Charles T. Call

11. Gendered Subjects of Transitional Justice

Katherine M. Franke

12. Truth Is the First Step

Interview with José Zalaquett, ICTJ Board Member

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13. Trauma and Transitional Justice in Divided Societies

Judy Barsalou

14. Transitional Justice Genealogy

Ruti G. Teitel

15. The rule of law and transitional justice in conflict and post-conflict societies

Report of the Secretary-General, United Nations Security Council

16. On the Very Idea of Transitional Justice

Jens David Ohlin

17. The Law and Politics of Contemporary Transitional Justice

Ruti Teitel

18. Transitional Justice as an Emerging Field

Dr. Alex Boraine

19. Transitional Justice as Ordinary Justice

Eric A. Posner and Adrian Vermeule

20. Extraordinary Evil, Ordinary Crime: A Framework for Understanding Transitional

Justice

Miriam J. Aukerman

21. Transitional Justice and Reconciliation

Sanam Naraghi Anderlini, Camille Pampell Conaway and Lisa Kays

22. Facing the Past and Transitional Justice in Countries of Former Yugoslavia

Natascha Zupan

23. An Excuse-Centered Approach to Transitional Justice

David Gray

24. Transitional Justice in Post-Conflict Societies of Former Yugoslavia

Nataša Kandić

25. Transitional Justice in Bosnia and Herzegovina: Findings of a Public Survey

Stefan Priesner, Lynne O’Donoghue and Alma Dedić

26. Transitional Justice: Assessment Survey of Conditions in the Former Yugoslavia

Prof. Louis Aucoin and Prof. Eileen Babbitt (UNDP)

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27. Transitional justice as an elite discourse: Human rights practice between the global
and the local in post-conflict Nepal

Simon Robins

28. The effects of transitional justice mechanisms

Oskar N.T. Thoms, James Ron and Roland Paris

29. On the wing and a prayer: Transitional Justice in the Balkans

Patrice C. McMahon and Jennifer Miller

30. The Impact of TJ in Post-Conflict Environments

Eric Brahm

31. Towards A New Transitional Justice Model: Assessing the Serbian Case

Roozbeh (Rudy) B. Baker

PART II: TRANSITIONAL JUSTICE MECHANISMS

01. Reconciliation after Violent Conflict

Mark Freeman and Pricilla B. Hayner
02. Transitional Justice and the Role of the Media in the Balkans

Marija Sajkas
03. Civil Society Consultation on truth-seeking and truth-telling mechanisms about war
crimes and other serious human rights violations committed in the former
Yugoslavia

Humanitarian Law Center

04. Unofficial Truth Projects

Louis Bickford

05. Transitional Justice (Chapter Two: Criminal Justice)

Ruti G. Teitel

06. Politics of Transitional Justice: German, Hungarian and Czech Decisions on ex post
facto Punishment

Christian Wilke

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07. Transitional Justice in Eastern Europe and the Former Soviet Union -

Reckoning with the communist past

Lavinia Stan

Chapters:

08. Introduction: Post-communist transition, justice, and transitional justice

Lavinia Stan

09. Czechoslovakia and the Czech and Slovak Republics

Nadya Nedelsky

10. East Germany

Gary Bruce

11. Romania

Lavinia Stan

12. Explaining country differences

Lavinia Stan

13. Disclosing hidden history: Lustration in the Western Balkans

Magarditsch Hatschikjan, Du an Relji, and Nenad Sebek

VETTING MATERIALS

The oral meaning of lustration in Antiquity

Leonhard Schmitz

Lustration in Serbia: form without a content

Vladimir Petrovic

The Problem of the Grudge Informer

Lon L. Fuller
15. Conversations with Emerging Bosnian-Herzegovinian Filmmakers: Refik Hodzic

Amra Turalic

16. Inappropriate Bargaining - Compensation for Death of Only Son

Humanitarian Law Center Belgrade

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17. Truth Commissions, Transitional Justice, and Civil Society

David A. Crocker

18. The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies

Judy Batt and Jelena Obradovic-Wochnik

19. Rule-of-Law Tools for Post-Conflict States – reparations programmes

Office of the United Nations, High Commissioner for Human Rights

20. Rule-of-Law Tools for Post-Conflict States – prosecution initiatives

Office of the United Nations, High Commissioner for Human Rights

21. Rule-of-Law Tools for Post-Conflict States – truth commissions

Office of the United Nations, High Commissioner for Human Rights

22. Rule-of-Law Tools for Post-Conflict States – Vetting: an operational framework

Office of the United Nations, High Commissioner for Human Rights

3. Lustration and Consolidation of Democracy and the Rule of Law in Central and
Eastern Europe

Editors: Vladimira Dvorakova and Andelko Milardovic

24. Transitional Justice: The German Experience after 1989

Markus Rau

PART III: TRANSITIONAL JUSTICE AND INTERNATIONAL INTERVENTION

01. The justice cascade: The evolution and impact of foreign human rights trials in Latin
America
Ellen Lutz and Kathryn Sikkink
02. Transitional justice and the International Criminal Court – in „„the interests of

justice‟‟?

Drazen Dukic

03. Trends Toward Transitional Justice Innovations and Institutions

Richard Falk

04. Bosnia‟s Incomplete Transition: between Dayton and Europe

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International Crisis Group Working to Prevent Conflict Worldwide

05. The European Union Police Mission: The Beginning of a New Future for Bosnia and
Herzegovina?

Gemma Collantes Celador

06. The Politicization of International Security Institutions? The UN Security Council and
NGOs

Martin Binder

07. Supporting the Transition Process: Lessons Learned and Best Practices in Knowledge
Transfer

OSCE Office for Democratic Institutions and Human Rights

08. The UN Security Council in the post-cold War World: 1987-97

David M. Malone

09. Assuming Bosnia:¸Taking Polities Seriously in Ethnically Divided States

Timothy William Waters

10. Constitutionalizing Democracy in Fractured Societies

Samuel Issacharoff

11. Counting Peace Agreements: The Transitional Justice Peace Agreement Database

Transitional Justice Institute – University of Ulster

12. Deconstructing the Reconstruction: the Laws, Priorities and Players Central

to the International Administration on Post-Conflict Bosnia and Herzegovina

Dina Francesca Haynes

INTERNATIONAL COMMUNITY AND BOSNIA AND HERZEGOVINA

01. Travails of the European Raj

Gerald Knaus and Felix Martin

02. Turning point on Mount Olympus

European Stability Initiative

03. How the international protectorate hurts the European future of Bosnia and
Herzegovina
European Stability Initiative

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04. A Bosnian Fortress
European Stability Initiative

05. How the UN violated human rights in Bosnia and Herzegovina, and why nothing has
been done to correct it
European Stability Initiative

06. In search of politics: the evolving international role in Bosnia and Herzegovina
European Stability Initiative

07. Imposing constitutional reform? The case for ownership

European Stability Initiative

08. Deconstruction of state institutions: The International Community and political

elites in Bosnia and Herzegovina
Sead Turcalo

09. The Problems of 'Nation-Building': Imposing Bureaucratic 'Rule from Above'

David Chandler, University of Westminster

10. Sliding toward the Precipice: Europe‟s Bosnia Policy

Democratization Policy Council

11. From Dayton to Europe

David Chandler

12. Inside the Bosnian Crisis: Documents and Analysis

Journal of Intervention and Statebuilding

PART IV: HUMAN RIGHTS AND TRANSITIONAL JUSTICE

13. Children and Transitional Justice

Background Paper

14. Conflict Society and Human Rights

Raffaele Marchetti & Nathalie Tocci

15. Constitutional Courts in Divided Societies: A Call for Scholarship on International

Interventionism in Constitutional Law and Politics
Edsel C. F. Tupaz

16. Defining Democracy in Practice: Closing the Definitional Divide in International

Organizations‟ Democratization Programs by Finding Common Ground on Human
Rights.
17. Jerry Pubantz, Department of Political Science University of North Carolina at Greensboro

18. Expanding the Boundaries of Transitional Justice

Fionnuala Nıaolain

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19. How “Transitions” Reshaped Human Rights: A Conceptual History of Transitional
Justice
Paige Arthur

20. Negotiating Justice? Human Rights and Peace Agreements

International Council on Human Rights Policy

21. 'Human Rights Politics & Transitional Justice'

Professor Michael Humphrey, Department of Sociology and Social Policy, University of Sydney

22. Imagining a World beyond Genocide: Teaching about Transitional Justice

Michael Scarlett

23. Treaty Bodies and the Interpretation of Human Rights

Kerstin Mechlem

24. United Nations Approach to Transitional Justice

Guidance Note of the Secretary-General

25. Deconstructing the Reconstruction: the Laws, Priorities and Players Central
to the International Administration on Post-Conflict Bosnia and Herzegovina

Dina Francesca Haynes

26. Human rights commissions in times of trouble and transition: the case of the
National Human Rights Commission of Nepal

Andrea Durbach

27. Norm Conflict in International Law: Whither Human Rights?

Marko Milanovic

28. The Naked Land: The Dayton Accords, Property Disputes, and Bosnia‟s Real
Constitution
Timothy William Waters

29. Transforming Westphalian Sovereignty: Human Rights & International Justice as a

Transitional Crucible
Jackson Nyamuya Maogoto

18. Dealing with Africa‟s Human Rights Problems: The Role of the United Nations, the
African Union and Africa‟s Sub-Regional Organizations in Dealing with Africa‟s
Human Rights Problems: Connecting Humanitarian Intervention and the
Responsibility to Protect

Jeremy Sarkin

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ECONOMIC AND SOCIAL RIGHTS

01. Economic and Social Justice for Societies in Transition

Louise Arbour, United Nations High Commissioner for Human Rights

02. Globalizing Labour Markets: Human trafficking, bio political security governance and
indetermined resistance in post-conflict Bosnia and Herzegovina
Jacqueline Berman

03. Property Rights and Transitional Justice: Restitution in Hungary and East Germany
Jessica Tucker-Mohl

04. Repairing the past: Compensation for victims of human rights violations
Pablo de Greiff

05. The Judicial Enforcement of Socio-Economic Rights in Comparative Perspective

Michael C. Tolley

06. A scoping study of Transitional Justice and poverty reduction

Jane Alexander

07. Reconceiving Refugees and Internally Displaced Persons As Transitional Justice

Actors
Susan Gail Harris-Rimmer

GENDER AND TRANSITIONAL JUSTICE

01. “Where Are the Women? A Study of Women‟s Political Activism During and After
Conflict”
Joyce P. Kaufman, Kristen P. Williams

02. Gender and Reparations in Guatemala

Claudia Paz y Paz Bailey

03. Is Human Security a Feminist Peacebuilding Tool?

Professor Elisabeth Porter

04. Truth Commissions and Gender: Principles, policies, and procedures

Vasuki Nesiah

05. Resolution 1325 and peace Agreements: an in insight into the gender of
peacemaking
Sahla Aroussi

06. WHAT HAPPENED TO THE WOMEN? Gender and Reparations for Human Rights
Violations
Ruth Rubio-Marín, International Centre for Transitional Justice

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07. Women and Peace Processes: Contributions from Gender Studies and Peace studies
By Julie Mertus and Tazreena Sajjad, American University

08. Transitional Justice: Responding to Victims of Wartime Sexual Violence in Africa

Luke Hennig

09. Never Again... and Again_ Law, Order, and the Gender of War Crimes in Bosnia and
Beyond

Simon Chesterman

10. Gender and Conflict: Potential Gains of Civil Society Efforts to Include Economic,
Social and Cultural Rights in Transitional Justice

Evelyne Schmid

11. Gender and the Rule of Law in Transitional Societies

Fionnuala D. Ni Aolain and Michael Hamilton

12. Gendered Transitional Justice and the Non-State Actor

Fionnuala NíAoláin and Catherine O’Rourke

13. Gendered Under-Enforcement in the Transitional Justice Context

Fionnuala Ní Aoláin

14. Women in Post-Conflict Reconstruction: Dilemmas and Directions

Naomi Cahn

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