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 email.

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.

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

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ISSS 2010_ESSAYS
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@pravnikonline.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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Best. Adnan Kadribasic 3 .ISSS 2010_ESSAYS 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.

Transitional Justice in South-East Europe 7. Transitional Justice and Reconciliation 22. The European Union and Transitional Justice 5. 15. United Nations Approach to Transitional Justice 4. The ICTY and transitional justice 21. Truth commissions. Vetting 14. Transitional Justice and Human Rights 16. The need for Transitional Justice 2. Transitional Justice and the Role of the Media 19. International Criminal Court to ad hoc international and mixed tribunals and truth commissions and their contribution to Rule of Law 9.ISSS 2010_ESSAYS LIST OF TOPICS FOR ISSS 2010 ESSAYS_ 1. Gender and Transitional Justice 17. Transitional Justice in South-East Europe 20. Transitional Justice and the Council of Europe 6. Reparation programs 12. Security system reform 13. Criminal prosecutions 8. Outreach 18. Truth-finding and truth-telling 4 . International and Regional Approaches 3. 11. Memorialisation efforts. Transitional justice and the International Criminal Court 10.

Human Rights and Peace Arrangements 31. The importance of UN SC R 1325 (2000) in transition 30. Truth Commissions. Property Rights and Transitional Justice 5 . Economic and social rights in transitional societies 28. Transitional Justice and Civil Society 24. The role of NGOs in transitional human rights regimes 29. Human Rights Politics & Transitional Justice 25. Political rights and transition 27. Democratization and human rights 26. Children rights and Transitional Justice 32.ISSS 2010_ESSAYS 23.

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. and civil and international military conflict. The international human rights regime consists of international and domestic norms and standards. These provided more detailed statements of recognized civil. economic development. Improving human rights practices in transition societies should therefore be a central goal for domestic reformers and the international community alike. The main sources of continuing violations are hypothesized to be political regime type and political leadership. non-governmental organizations (NGOs). political. This makes sense. along with efforts by IGOs. In future. and of practical promotion efforts by intergovernmental organizations (IGOs). social. The UDHR went beyond the traditional civil rights focus to embrace political rights and economic. 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. and cultural rights and expanded human rights protection into new areas (such as various group rights). economic. THE INTERNATIONAL HUMAN RIGHTS REGIME Today’s international human rights regime consists of an accumulating body of internationally accepted norms and legal instruments. economic structures and interests. 2 This background analysis has been prepared by the organizers for the purposes of ISSS 2010 only. and conflict resolution.ISSS 2010_ESSAYS 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. and national governments to promote improved human rights practices. social. and cultural rights. social. 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. 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. on the one hand. NGOs. Reference material and sources are available below. and economic transformation. on the other. and sovereign state policies. political cultures and national identities. 6 . This set the precedent followed by a long stream of subsequent human rights conventions and resolutions. The post-World War II foundation for the international human rights regime is the 1948 Universal Declaration of Human Rights (UDHR).

more pressing problems and threats – such as poverty. Practical efforts by IGOs and governments have been limited by two main factors. Although they have their own ideological biases. to the point of imposing arbitrary. On the basis of past national and local experiences.ISSS 2010_ESSAYS Unfortunately. fertilizing and organizing local human rights traditions and movements to the point where they become prominent and influential in domestic culture and politics. 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. 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: 7 . 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. furthermore. On the one hand. 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. Just as importantly. There are also other types of barriers. NGOs are engaged in ongoing efforts to popularize and advance the whole panoply of human rights causes around the world. states’ pursuit of their security and economic interests also tends to constrain their promotion of human rights. Human rights NGOs and their individual and organizational supporters are the final component of the international human rights regime. competition among them produces a large and relatively objective stream of information about human rights practices around the world. economic instability. A second. NGOs are largely unconstrained by national interests. ruling regimes may impose strong restrictions against organized human rights advocacy. First. the principle of non-intervention in the internal affairs of states is given great prominence in the UN Charter. such states are most likely to harbour well-organized and well-financed human rights NGOs. Most importantly. similar. and civil conflict – necessarily limit locally available audiences and resources. On the other hand. the process of abstract standard setting has made more rapid progress than efforts to legitimize and enforce the standards in practice. human rights NGOs may be associated with undesirable imposition of alien standards and policies. constraint operates from the direction of states and societies that more strongly embrace human rights standards. This slow. Moreover. Most states view this principle as the most important legal guarantee of their sovereignty against intrusions by other. both for themselves and for others. Yet human rights NGOs and their supporters are strongly constrained by local conditions. more powerful states and the objectives and ideologies that animate them. draconian punishments on all those who try. even when the will is there. These informational and advocacy functions can potentially have significant impacts on elite and public opinion. particularly vis-a` -vis the most powerful and important human rights-violating regimes.

For example. and political efforts to stop them and to remedy their effects may be intermittent and often ineffective. economic policies. as discussed. and freedom of association for political purposes and organizations. This control will be used to shut out opposition voices. particularly the educational system and religious institutions. However. authoritarian regimes are more likely to employ various kinds of human rights abuses to forestall challenges to their political power. two types of interactive effects seem particularly likely: authoritarian political regimes are more likely to adopt informational and cultural policies. Traditional forms of discrimination may flourish in the larger society. and conflict related policies that threaten human rights. There might be significant restriction of economic opportunities of individuals and groups. economic policies. Authoritarian regimes and leaders typically use their discretionary power to attack and weaken their political opponents and to prevent new opposition from arising. In contrast. but not typically directed at political targets. is likely to produce more unfavourable informational and cultural policies. This strategy usually goes beyond action against political free. freedom of the press. the regime will argue that local traditions and historical experiences justify its own practices and that they are threatened by he supposedly ‘‘alien’’ 8 . economic structure and interests.doms proper: authoritarian regimes are more likely to try to monopolize control of the mass media and other ‘‘informational’’ institutions. At the same time. More well institutionalized and widely legitimate democratic processes are thus typically associated with stronger human rights protection. including human rights advocates. civil and international conflict is likely to destabilize democracies and make authoritarianisms more repressive. and civil and international conflict. which. Full democratization necessarily involves free expression. First. as well as free and fair elections to the positions of real political power. the association is far from perfect: extensive political freedom may exist alongside severe restriction of other human rights. but these might affect people of all political persuasions more or less equally. These factors can have a significant impact both alone and in combination with one another. Of course. Apart from the direct effects of the factors operating separately. the situation for other human rights is likely to be worse if political rights and freedoms are weak or non-existent. 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. significant progress towards full democratization is usually associated with greater progress towards respect for human rights generally.ISSS 2010_ESSAYS a) b) c) d) political regime type and leadership. political culture and national identity. and conflict related policies. second. Let us now return in more detail to these four factors and their impact on human rights conditions. arbitrary and corrupt use of police and judicial powers might be significant.

and conflict-related policies that affect human rights practices. which often pre-empts or threatens protection of political and other rights. (2) they make it possible to mobilize mass support for regimes and policies on grounds that go beyond calculations of individual self-interest. war is a serious direct and indirect threat to human rights protection. economic policies. Similarly. Authoritarian regimes are also more likely to politicize economic subsidies and regulations in an effort to build bases of support through patronage networks. national emergency is a convenient pretext for attacking human rights. Last. Second. 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). 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. Fourth.ISSS 2010_ESSAYS demands of the opposition. Both deteriorating economic performance and military defeat weaken the popular legitimacy of the existing regime. 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. there is an important asymmetry between the two types: as 9 .1. is sometimes due to disputes over economic policies. and civil and international conflicts. Local political cultures and identities can also be invoked in disputes over regime type. 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. Directly. authoritarian regimes may initiate or perpetuate civil and international conflicts. Further. economic policies. war is also an indirect threat. This can make it more (or less) difficult to adopt political institutions. human rights tend to be pushed aside as they interfere with maximum mobilization amidst a national emergency. 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. In a number of related ways. There are many possibilities for greater or lesser ideological or practical compatibility between human rights norms and local political cultures and identities. 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. War undermines economic performance and involves a risk of military defeat. 6 These likely interactions are shown in figure 1. This results in more wide spread discrimination and greater neglect in providing public goods. making it more susceptible to being overthrown through mass political processes or coups. However. Extreme political polarization. in order to divert public attention away from political and economic difficulties that undermine their legitimacy. Third. Such developments can also threaten political regimes that severely violate human rights practices. Even if human rights protection does not interfere with mobilization. Such developments are a serious threat to political regimes that uphold strong human rights protection.

War can be more safely used as a diversionary tactic by ‘‘violator’’ than by ‘‘protector’’ regimes. transitional justice measures often combine elements of criminal. they are less vulnerable than ‘‘protector’’ regimes. restorative. 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. The first is to gain some level of justice for victims.ISSS 2010_ESSAYS ‘‘violator’’ regimes are more likely to move pre-emptively to forestall political threats. In others. A variety of approaches to transitional justice are available that can help wounded societies start anew. investigate. Transitional justice approaches consistently focus on the rights and needs of victims and their families. and an appreciation of their unique cultural and historical contexts. democracy. to reconcile people and communities. To achieve these two ends. and other conditions that may have been at the root of the abuses. repair. Transitional justice is not a special form of justice. Transitional justice incorporates a realistic view of the challenges faced by societies emerging from conflict or repression. conflicts. All stakeholders in the transition process must be consulted and participate in the design and implementation of transitional justice policies. these transformations will happen suddenly and have obvious and profound consequences. and reconciliation. without allowing these realities to serve as excuses for inaction. or burden. to establish or renew civic trust. A transitional justice approach thus recognizes that there are two goals in dealing with a legacy of systematic or massive abuse. 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. war is a form of political ‘‘natural selection’’ that is more dangerous for regimes that respect human rights. The major approaches to transitional justice include the following: • Domestic. and international prosecutions of perpetrators of human rights abuse 10 . These approaches are both judicial and nonjudicial. punish. hybrid. and they seek to encompass broadly the various dimensions of justice that can heal wounds and contribute to social reconstruction. societies must confront the painful legacy. The approaches to transitional justice are based on a fundamental belief in universal human rights. of the past in order to achieve a holistic sense of justice for all citizens. In making such a transition. It is. and prevent abuses. The second is to reinforce the possibilities for peace. they may take place over many decades. rather. in other words. and rely on international human rights and humanitarian law in demanding that states halt. and social justice. and to prevent future abuses. In some cases.

the reintegration of ex-combatants. including national and international commissions •Providing reparations to victims of human rights violations. rehabilitative. Ethnic cleansing and displacement. and the Democratic Republic of the Congo. Vetting refers to the process of excluding from public employment those known to have committed human rights abuses or been involved in corrupt practices. it has found common ground with social justice movements. 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. the military. whereas victims typically receive little or nothing at all in order to help rebuild their lives. restitutionary. making receiving communities more reluctant to reintegrate ex-combatants.conflict stability. and other public institutions including the judiciary. Such imbalances are morally reprehensible. Mutually excluding “truths” about these wars and the atrocities committed 11 . new practical challenges have forced the field to innovate and expand it boundaries. in general. and also unwise. They may foster resentment.ISSS 2010_ESSAYS •Determining the full extent and nature of past abuses through truth-telling initiatives. peace-building. As it has grown. The reintegration of ex-combatants. ex. As transitional contexts have shifted from the post-authoritarian societies of Argentina and Chile to the post-conflict societies of Bosnia and Herzegovina. displaced or still missing. as well as the fields of conflict resolution. TRANSITIONAL JUSTICE TODAY Transitional justice today is a diverse and vibrant field. •Promoting reconciliation within divided communities. and historical memory. and symbolic reparations • Institutional reform. Second. 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. First. Liberia. leaving many people traumatised. of which one measure is the vetting of abusive. reconciliation among communities. including compensatory. corrupt. and they may also threaten post. or incompetent officials from the police and security services. is an important issue for several reasons. and the role of justice in peace building—these have all become important new issues for transitional justice practitioners to tackle. among the ranks of ex-combatants may be perpetrators or even masterminds of massive human rights violations. for example.combatants often receive money and job training as incentives to disarm. to name a few.

It is unclear at this stage how many cases it will be able to prosecute. as well as re-establishing justice through various means. 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).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 worth pointing out that these courts will be handling 12 . opened in March 2005. part of the State Court of BiH. different approaches have been established – more recently referred to as transitional justice mechanisms (see Kritz 1995. Over the course of time. (re)establish accountable and democratic institutions and achieve reconciliation. achieve a sense of security and economic stability. UN Report 2004)1 – in order to address the question of truth and justice in societies transitioning from war to peace. there are the sixteen domestic courts that also have jurisdiction over war crimes. crimes against humanity and genocide—ten cantonal courts in the Federation. regain trust in fellow citizens and state institutions. but it is unlikely to exceed a few hundred. and these are making up part of the national identities. Nevertheless. this is a complex and long-term process. many experiences of past decades suggest that truth-seeking mechanisms and public recognition of responsibility. deeply divided and traumatised. reinforcing the fragmentation of post-war societies.ISSS 2010_ESSAYS have emerged. They – amongst others – assist societies to constructively deal with their violent past. rebuild a moral system and a shared future? Apparently. are important elements of thisprocess. Lastly. which ultimately has to involve all layers and structures of a society. This Chamber is set to become the most prominent criminal court dealing with war crimes committed in BiH between 1991 and 1995. How do societies emerging from war come to terms with their recent violent past? How can people and communities. five district courts in the Republika Srpska (RS) and one in Brčko District.

yet do not receive anything like the funding support given to the WCC and are seriously lacking in capacity. Despite similar rulings by the Human Rights Chamber on other incidents of severe human rights violations7. 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. not figured prominently across the BiH post-conflict landscape. At the end of August 2005. 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. 320 mass graves and 900 incidents of mass killing where civilians were the predominant victims. There is also a compensation claim against the Netherlands by the victims’ families of Srebrenica currently being addressed by the Dutch courts. 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. Nevertheless. or ‘fact-finding’. Truth-Seeking The second pillar in the transitional justice tool box is ‘truth-seeking’. to set it in motion. Leading the field is the invaluable work of the Investigation and Documentation Centre (IDC) led by Mirsad Tokaca.ISSS 2010_ESSAYS more than 90 per cent of the caseload. the state-level Missing Persons Institute was officially inaugurated. but little concrete progress has been achieved. which replaced the two entity-level bodies. No reparations were allowed at ICTY and none have been provided for within the mandate of the War Crimes Chamber. There have. Under the truth-seeking pillar comes documentation. Additionally. 13 . IDC has gathered millions of pages 122 Local–Global of various documents. it required the intervention by the High Representative. including proposals on a draft law for a truth commission. Lord Ashdown. so far. and registered the locations of over 440 prisons and concentration camps. however. been recent regional developments. The outcome is awaited in early 2006 of a pending case against Serbia. which led to an apology by the RS Government to the families of the Srebrenica victims. fi led with the International Court of Justice by BiH. two entity-level missing persons institutes were set up. such as Montenegro compensating Croatia for the 1991 shelling of Dubrovnik. Reparations The issue of reparations has. The one exception in this regard is the landmark 2004 RS Srebrenica Commission report. predominantly statements of surviving victims and eyewitnesses. Many believe that the whole issue of reparations will have to be addressed at some later stage. there have so far been no further such commissions.8 In the past twelve years.

granted by the Peace Implementation Council in 1997. In BiH. new human rights institutions were created post-conflict. 14 . in line with Dayton Agreement. 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. gave him the mandate to dismiss obstructionist politicians from public life and these included some staunchly nationalist wartime politicians.ISSS 2010_ESSAYS Institutional Reform Countries recovering from conflict often need to adopt a broad range of institutional reforms to prevent a relapse into violence. However. by the Commission for Human Rights of the Constitutional Court of BiH. the High Representative’s Bonn powers. This was replaced at the end of 2003. there are still alleged to be war criminals holding public office. such as the Human Rights Chamber.

Unfinished business: Transitional justice in Europe . What is TJ? ICTJ 02. What is Transitional Justice? ICTJ 05. Huyse 10. Truth Is the First Step Interview with José Zalaquett.an outline strategy ICTJ 06. Justice in Peacebuilding: Towards a policy framework for the European Union Laura Davis and Thomas Unger 08. What is Transitional Justice? ICTJ 03. Esquith 09. Franke 12. Justice after transition: on the choices successor elites make in dealing with the past L. Gendered Subjects of Transitional Justice Katherine M. The EU‟s transitional justice strategy: gaps and opportunities Dick Oosting 07.East and West Stephen L. Call 11. ICTJ Board Member 15 . What is Transitional Justice? – A Backgrounder Author: Office of the United Nations 04.ISSS 2010_ESSAYS READER MATERIALS_SUMMARY PART I: INTRODUCTION TO TRANSITIONAL JUSTICE 01. Is Transitional Justice Really Just? Charles T. Toward a Democratic Rule of Law .

Camille Pampell Conaway and Lisa Kays 22. Ordinary Crime: A Framework for Understanding Transitional Justice Miriam J. Facing the Past and Transitional Justice in Countries of Former Yugoslavia Natascha Zupan 23. Extraordinary Evil. Transitional Justice and Reconciliation Sanam Naraghi Anderlini. An Excuse-Centered Approach to Transitional Justice David Gray 24. Alex Boraine 19. Aukerman 21. Posner and Adrian Vermeule 20. Transitional Justice as an Emerging Field Dr.ISSS 2010_ESSAYS 13. Lynne O’Donoghue and Alma Dedić 26. Transitional Justice in Bosnia and Herzegovina: Findings of a Public Survey Stefan Priesner. Trauma and Transitional Justice in Divided Societies Judy Barsalou 14. Eileen Babbitt (UNDP) 16 . The Law and Politics of Contemporary Transitional Justice Ruti Teitel 18. Transitional Justice: Assessment Survey of Conditions in the Former Yugoslavia Prof. Transitional Justice in Post-Conflict Societies of Former Yugoslavia Nataša Kandić 25. Transitional Justice Genealogy Ruti G. The rule of law and transitional justice in conflict and post-conflict societies Report of the Secretary-General. Louis Aucoin and Prof. Teitel 15. On the Very Idea of Transitional Justice Jens David Ohlin 17. United Nations Security Council 16. Transitional Justice as Ordinary Justice Eric A.

Teitel 06. Transitional justice as an elite discourse: Human rights practice between the global and the local in post-conflict Nepal Simon Robins 28. The Impact of TJ in Post-Conflict Environments Eric Brahm 31. Reconciliation after Violent Conflict Mark Freeman and Pricilla B.T. Thoms. 02. On the wing and a prayer: Transitional Justice in the Balkans Patrice C. 04. Towards A New Transitional Justice Model: Assessing the Serbian Case Roozbeh (Rudy) B. Hungarian and Czech Decisions on ex post facto Punishment Christian Wilke 17 . The effects of transitional justice mechanisms Oskar N. Politics of Transitional Justice: German. Hayner Transitional Justice and the Role of the Media in the Balkans Marija Sajkas 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 03. McMahon and Jennifer Miller 30. Transitional Justice (Chapter Two: Criminal Justice) Ruti G. Unofficial Truth Projects Louis Bickford 05. Baker PART II: TRANSITIONAL JUSTICE MECHANISMS 01.ISSS 2010_ESSAYS 27. James Ron and Roland Paris 29.

Disclosing hidden history: Lustration in the Western Balkans Magarditsch Hatschikjan. Explaining country differences Lavinia Stan 13. Transitional Justice in Eastern Europe and the Former Soviet Union Reckoning with the communist past Lavinia Stan Chapters: 08. East Germany Gary Bruce 11. justice. 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. Du an Relji. Fuller Conversations with Emerging Bosnian-Herzegovinian Filmmakers: Refik Hodzic Amra Turalic 16. 18 .Compensation for Death of Only Son Humanitarian Law Center Belgrade 15. and transitional justice Lavinia Stan 09. Czechoslovakia and the Czech and Slovak Republics Nadya Nedelsky 10. Introduction: Post-communist transition.ISSS 2010_ESSAYS 07. Romania Lavinia Stan 12. Inappropriate Bargaining .

High Commissioner for Human Rights 20. High Commissioner for Human Rights 22. Transitional Justice. Truth Commissions. Bosnia‟s Incomplete Transition: between Dayton and Europe 19 . Transitional Justice: The German Experience after 1989 Markus Rau PART III: TRANSITIONAL JUSTICE AND INTERNATIONAL INTERVENTION 01. and Civil Society David A. Rule-of-Law Tools for Post-Conflict States – prosecution initiatives Office of the United Nations. The justice cascade: The evolution and impact of foreign human rights trials in Latin America Ellen Lutz and Kathryn Sikkink Transitional justice and the International Criminal Court – in „„the interests of justice‟‟? Drazen Dukic 02. Crocker 18. 03. High Commissioner for Human Rights 3. Rule-of-Law Tools for Post-Conflict States – truth commissions Office of the United Nations. High Commissioner for Human Rights 21. Trends Toward Transitional Justice Innovations and Institutions Richard Falk 04. Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe Editors: Vladimira Dvorakova and Andelko Milardovic 24. Rule-of-Law Tools for Post-Conflict States – Vetting: an operational framework Office of the United Nations.ISSS 2010_ESSAYS 17. Rule-of-Law Tools for Post-Conflict States – reparations programmes Office of the United Nations. The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies Judy Batt and Jelena Obradovic-Wochnik 19.

02. The UN Security Council in the post-cold War World: 1987-97 David M.ISSS 2010_ESSAYS International Crisis Group Working to Prevent Conflict Worldwide 05. Supporting the Transition Process: Lessons Learned and Best Practices in Knowledge Transfer OSCE Office for Democratic Institutions and Human Rights 08. Assuming Bosnia:¸Taking Polities Seriously in Ethnically Divided States Timothy William Waters 10. Counting Peace Agreements: The Transitional Justice Peace Agreement Database Transitional Justice Institute – University of Ulster 12. The European Union Police Mission: The Beginning of a New Future for Bosnia and Herzegovina? Gemma Collantes Celador 06. 03. Constitutionalizing Democracy in Fractured Societies Samuel Issacharoff 11. Malone 09. Travails of the European Raj Gerald Knaus and Felix Martin Turning point on Mount Olympus European Stability Initiative How the international protectorate hurts the European future of Bosnia and Herzegovina European Stability Initiative 20 . Priorities and Players Central to the International Administration on Post-Conflict Bosnia and Herzegovina Dina Francesca Haynes INTERNATIONAL COMMUNITY AND BOSNIA AND HERZEGOVINA 01. The Politicization of International Security Institutions? The UN Security Council and NGOs Martin Binder 07. Deconstructing the Reconstruction: the Laws.

15. and why nothing has been done to correct it European Stability Initiative In search of politics: the evolving international role in Bosnia and Herzegovina European Stability Initiative Imposing constitutional reform? The case for ownership European Stability Initiative Deconstruction of state institutions: The International Community and political elites in Bosnia and Herzegovina Sead Turcalo The Problems of 'Nation-Building': Imposing Bureaucratic 'Rule from Above' David Chandler. 12. F. 18. A Bosnian Fortress European Stability Initiative How the UN violated human rights in Bosnia and Herzegovina. PART IV: HUMAN RIGHTS AND TRANSITIONAL JUSTICE 13. Department of Political Science University of North Carolina at Greensboro 14. 10. Expanding the Boundaries of Transitional Justice Fionnuala Nıaolain 21 . 11. Tupaz Defining Democracy in Practice: Closing the Definitional Divide in International Organizations‟ Democratization Programs by Finding Common Ground on Human Rights.ISSS 2010_ESSAYS 04. 16. 08. 17. University of Westminster Sliding toward the Precipice: Europe‟s Bosnia Policy Democratization Policy Council From Dayton to Europe David Chandler Inside the Bosnian Crisis: Documents and Analysis Journal of Intervention and Statebuilding 06. Jerry Pubantz. 07. Children and Transitional Justice Background Paper Conflict Society and Human Rights Raffaele Marchetti & Nathalie Tocci Constitutional Courts in Divided Societies: A Call for Scholarship on International Interventionism in Constitutional Law and Politics Edsel C. 05. 09.

23. 29. 28. 22. How “Transitions” Reshaped Human Rights: A Conceptual History of Transitional Justice Paige Arthur Negotiating Justice? Human Rights and Peace Agreements International Council on Human Rights Policy 'Human Rights Politics & Transitional Justice' Professor Michael Humphrey. Property Disputes.ISSS 2010_ESSAYS 19. Department of Sociology and Social Policy. 24. 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 20. University of Sydney Imagining a World beyond Genocide: Teaching about Transitional Justice Michael Scarlett Treaty Bodies and the Interpretation of Human Rights Kerstin Mechlem United Nations Approach to Transitional Justice Guidance Note of the Secretary-General Deconstructing the Reconstruction: the Laws. 25. and Bosnia‟s Real Constitution Timothy William Waters Transforming Westphalian Sovereignty: Human Rights & International Justice as a Transitional Crucible Jackson Nyamuya Maogoto Dealing with Africa‟s Human Rights Problems: The Role of the United Nations. 21. 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 The Naked Land: The Dayton Accords. 18. 22 . Priorities and Players Central to the International Administration on Post-Conflict Bosnia and Herzegovina Dina Francesca Haynes 26.

“Where Are the Women? A Study of Women‟s Political Activism During and After Conflict” Joyce P. United Nations High Commissioner for Human Rights Globalizing Labour Markets: Human trafficking. 06. Tolley A scoping study of Transitional Justice and poverty reduction Jane Alexander Reconceiving Refugees and Internally Displaced Persons As Transitional Justice Actors Susan Gail Harris-Rimmer 02. Kristen P. International Centre for Transitional Justice 23 . Kaufman.ISSS 2010_ESSAYS ECONOMIC AND SOCIAL RIGHTS 01. Economic and Social Justice for Societies in Transition Louise Arbour. Williams Gender and Reparations in Guatemala Claudia Paz y Paz Bailey Is Human Security a Feminist Peacebuilding Tool? Professor Elisabeth Porter Truth Commissions and Gender: Principles. 07. WHAT HAPPENED TO THE WOMEN? Gender and Reparations for Human Rights Violations Ruth Rubio-Marín. 04. 04. policies. and procedures Vasuki Nesiah Resolution 1325 and peace peacemaking Sahla Aroussi Agreements: an in insight into the gender of 02. 05. 06. GENDER AND TRANSITIONAL JUSTICE 01. 03. bio political security governance and indetermined resistance in post-conflict Bosnia and Herzegovina Jacqueline Berman Property Rights and Transitional Justice: Restitution in Hungary and East Germany Jessica Tucker-Mohl Repairing the past: Compensation for victims of human rights violations Pablo de Greiff The Judicial Enforcement of Socio-Economic Rights in Comparative Perspective Michael C. 03. 05.

09.ISSS 2010_ESSAYS 07. 24 .. Gender and Conflict: Potential Gains of Civil Society Efforts to Include Economic. and the Gender of War Crimes in Bosnia and Beyond Simon Chesterman 10. Social and Cultural Rights in Transitional Justice Evelyne Schmid 11. Women in Post-Conflict Reconstruction: Dilemmas and Directions Naomi Cahn 08. Ni Aolain and Michael Hamilton 12. Order. Gendered Transitional Justice and the Non-State Actor Fionnuala NíAoláin and Catherine O’Rourke 13. Women and Peace Processes: Contributions from Gender Studies and Peace studies By Julie Mertus and Tazreena Sajjad. American University Transitional Justice: Responding to Victims of Wartime Sexual Violence in Africa Luke Hennig Never Again.. Gender and the Rule of Law in Transitional Societies Fionnuala D. and Again_ Law. Gendered Under-Enforcement in the Transitional Justice Context Fionnuala Ní Aoláin 14.

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