Transitional Justice and Civil Society in the Balkans


Book Description

Transitional Justice and Civil Society in the Balkans covers civil society engagements with transitional justice processes in the Balkans. The Balkans are a region marked by the post-communist and post-conflict transitional turmoil through which its countries are going through. This volume is intended to provide a comprehensive introduction to research in transitional justice in this part of the world, mostly written by local scholars. Transitional justice is ever-growing field which responds to dilemmas over how successor regimes should deal with past human rights abuses of their authoritarian predecessors. The editors and author emphasize the relatively unexplored and under-researched role of civil society groups and social movements, such as local women’s groups, the role of art and community media and other grass-roots transitional justice mechanisms and initiatives. Through specific case-studies, the unique contribution of this volume is not only that it covers a part of the world that is not adequately represented in transitional justice field, but also that the volume is the first project originally researched and written by experts and scholars from the region or in collaboration with international scholars.




Civil Society and Transitions in the Western Balkans


Book Description

This book explores the ambiguous role played by civil society in the processes of state-building, democratization and post-conflict reconstruction in the Western Balkans challenging the assumption that civil society is always a force for good by analysing civil society actors and their effects in post-communist and post-conflict transition.




Societies in Transition


Book Description

Since the end of the Cold War, the collapse of the Soviet Union and the dissolution of Yugoslavia, the Mediterranean and Black Sea regions have been faced with multiple upheavals of interethnic violence, bloody secessions and ethnic cleansing. Up to the present, both regions are confronted with unresolved border, minority and security issues, matters of recognition, protracted traumata and claims for justice. After the fall of the iron curtain, simmering ethnic tensions turned into hot wars that created new states, new power-political hierarchies and a heritage of violence. Reaching back to the early 1990s, several international and national transitional justice measures have been applied to face these heritages and lay the foundations for a common future. For the former Yugoslavia, they range from broad criminal trials to a series of restorative justice mechanisms; in the North and South Caucasus they encompass numerous mediation measures and primarily restorative justice efforts. The present volume is concerned with strategies of conflict resolution and prevention subsumed under the concept of reconciliation. It aims at understanding the socio-emotional root causes of political cleavages and daily realities of (post-) conflict societies, especially regarding the impact of competing narratives and unprocessed pasts on exclusive identities and strategic political choices. Applying reconciliation theory, insights from collective memory and transitional justice to a series of selected field studies, it sheds light on the origins of interethnic violence, aims at finding explanations for the fact that many of the above-mentioned conflicts have become intractable and discusses the chances and challenges for transforming interests, emotions, perspectives, roles and identities between and within the respective societies.




Transitional Justice, International Assistance, and Civil Society


Book Description

Explores how international assistance shapes transitional justice around the world, and asks how civil society can play a larger role in them.




Advocating Transitional Justice in Africa


Book Description

This edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in Africa – a nursery of transitional justice ideas for well over two decades. It brings together practitioners and scholars with intimate knowledge of these processes to evaluate the agendas and strategies of local civil society, and offers an opportunity to reflect on ‘lessons learnt’ along the way. The contributors focus on the evolution and effectiveness of transitional justice interventions, providing a glimpse into the motivations and inner workings of major civil society actors. The book presents an African perspective on transitional justice through a compilation of country-specific and thematic analyses of agenda setting and lobbying efforts. It offers insights into state–civil society relations on the continent, which shape these agendas. The chapters present case studies from Southern, Central, East, West and North Africa, and a range of moments and types of transition. In addition to historical perspective, the chapters provide fresh and up-to- date analyses of ongoing transitional justice efforts that are key to defining the future of how the field is understood globally, in theory and in practice Endorsements: "This great volume of written work – Advocating Transitional Justice in Africa: The Role of Civil Society – does what virtually no other labor of the intellect has done heretofore. Authored by movement activists and thinkers in the fields of human rights and transitional justice, the volume wrestles with the complex place and roles of transitional justice in the project of societal reconstruction in Africa. ... This volume will serve as a timely and thought-provoking guide for activists, thinkers, and policy makers – as well as students of transitional justice – interested in the tension between the universal and the particular in the arduous struggle for liberation. Often, civil society actors in Africa have been accused of consuming the ideas of others, but not producing enough, if any, of their own. This volume makes clear the spuriousness of this claim and firmly plants an African flag in the field of ideas." Makau Mutua







Advocating Transitional Justice in Africa


Book Description

This volume documents and analyses the strategies used by African civil society organisations to lobby for and enact transitional justice measures in their countries. The book offers local practitioners and African scholars space to reflect on the development and effectiveness of strategies in promoting transitional justice, as well as to identify the theoretical and contextual influences on transitional justice work. Most importantly, it presents lessons and best practices for advocating transitional justice. This edited volume fills a significant gap by providing an up-to-date regional African perspective on transitional justice in the form of a compilation of country-specific and thematic analyses of agenda-setting and lobbying efforts. It also offers insights into the state-civil society relationship on the continent. While including some historical perspective, the book chapters provide fresh and up-to-date insights into ongoing transitional justice efforts that are key to defining the future of how the field is understood in theory and in practice.--Provided by publisher.




Transitional Justice


Book Description

Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions. Contributors: Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal Sreenivasan, Adrian Vermeule, and Jeremy Webber.




Frozen Justice: Lessons from Bosnia and Herzegovina’s Failed Transitional Justice Strategy


Book Description

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.




Nationalism and the Rule of Law


Book Description

The relationship between nationalism and the rule of law has been largely neglected by scholars although separately they have often captured public discourse and have emerged as critical concepts. This book provides the first systematic account of this relationship. It develops an analytical framework for understanding the interactions of nationalism and the rule of law by focusing on the domains of citizenship, transitional justice and international justice. The book engages these insights further in a detailed empirical analysis of three case studies from the former Yugoslavia. The author argues that while the tensions and contradictions between nationalism and the rule of law have become more apparent in the post-Cold War era, they can also be harnessed for productive purposes. In exploring the role of law in managing and transforming nationalism, the book emphasises the deliberative character of legal processes and offers an original perspective on the power of international law to reshape public discourse, politics, and legal orders.