"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)
This book focuses on the process of arbitration between States and private persons.
This book explores how large-scale conflicts can be waged more constructively. An introduction presents key concepts in positive conflict resolution, and chapters from esteemed contributors illustrate these theories in action, with cases ranging from Israel to North Korea. The book offers diverse perspectives and concrete ideas for positive change.
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.
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.
This book traces the reverberations of genocide, forced displacement, and a legacy of loss in Bosnia and abroad.
Less than two decades after the Yugoslav Wars ended, the edifice of parliamentary government in the Western Balkans is crumbling. This collapse sets into sharp relief the unreformed authoritarian tendencies of the region's entrenched elites, many of whom have held power since the early 1990s, and the hollowness of the West's "democratization" agenda. There is a widely held assumption that institutional collapse will precipitate a new bout of ethnic conflict, but Mujanovic argues instead that the Balkans are on the cusp of a historic socio-political transformation. Drawing on a wide variety of sources, with a unique focus on local activist accounts, he argues that a period of genuine democratic transition is finally dawning, led by grassroots social movements, from Zagreb to Skopje. Rather than pursuing ethnic strife, these new Balkan revolutionaries are confronting the "ethnic entrepreneurs" cemented in power by the West in its efforts to stabilise the region since the mid-1990s. This compellingly argued book harnesses the explanatory power of the striking graffiti scrawled on the walls of the ransacked Bosnian presidency during violent anti-government protests in 2014: 'if you sow hunger, you will reap fury'.
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.
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Building democracy in societies that have known only authoritarian rule for half a century is complicated. Taking the post-Yugoslav region as its case study, this volume shows how success with democratisation depends on various factors, including establishing the rule of law, the consolidation of free media, and society's acceptance of ethnic, religious and sexual minorities. Surveying the seven successor states, the authors argue that Slovenia is in a class by itself as the most successful, with Croatia and Serbia not far behind. The other states - Bosnia-Herzegovina, Macedonia, Montenegro, and Kosovo - are all struggling with problems of corruption, poverty, and unemployment. The authors treat the issue of values as a policy problem in its own right, debating the extent to which values have been transformed by changes in education and the media, how churches and women's organisations have entered into the policy debate, and whether governments have embraced a programme designed to effect changes in values.
This book traces Radovan Karadžić's personal transformation from an unremarkable family man to the powerful leader of the Bosnian Serb nationalists. Based on previously unused documents and trial transcripts, this book argues that postcommunist democracy was a primary enabler of mass atrocities because it provided the means to mobilize large numbers of Bosnian Serbs for the campaign to eliminate non-Serbs from conquered land.
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
"This book follows as LAW"--
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Provides a comprehensive overview of the International Committee of the Red Cross from its origins up to the present day.
Multiculturalism has been the official policy of all Australian governments (Commonwealth and State) since the 1970s. It has recently been criticised, both in Australia and elsewhere. Integration has been suggested as a better term and policy. Critics suggest it is a reversion to assimilation. However integration has not been rigorously defined and may simply be another form of multiculturalism, which the authors believe to have been vital in sustaining social harmony.
The report reviews how citizens can influence education, health and social protection services through access to information and opportunities to hold providers accountable. It takes stock of international evidence and experience from projects supported by the World Bank to identify knowledge gaps, key questions and areas for further work.