Download - ISSS Essays Info
-
8/8/2019 ISSS Essays Info
1/24
ISSS 2010_ESSAYS
1
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 ofREADING 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 dont 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.
1Available athttp://www.sendspace.com/file/8kvv0x
http://www.sendspace.com/file/8kvv0xhttp://www.sendspace.com/file/8kvv0xhttp://www.sendspace.com/file/8kvv0xhttp://www.sendspace.com/file/8kvv0x -
8/8/2019 ISSS Essays Info
2/24
ISSS 2010_ESSAYS
2
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 rightsand 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 upno 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 upto 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.
http://library.foi.hr/m3/jgupit.asp?B=372&N=&V=&J=&K=&O=&S=&P=P&U=http://library.foi.hr/m3/jgupit.asp?B=372&N=&V=&J=&K=&O=&S=&P=P&U=mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://library.foi.hr/m3/jgupit.asp?B=372&N=&V=&J=&K=&O=&S=&P=P&U= -
8/8/2019 ISSS Essays Info
3/24
ISSS 2010_ESSAYS
3
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 dont hesitate to contact me at anytime, because Ill be mainly at
your disposal in relation to your essays.
Best,
Adnan Kadribasic
-
8/8/2019 ISSS Essays Info
4/24
ISSS 2010_ESSAYS
4
LIST OF TOPICS FOR ISSS 2010 ESSAYS_
1.
The need for Transitional Justice
2. International and Regional Approaches3. United Nations Approach to Transitional Justice4. The European Union and Transitional Justice5. Transitional Justice and the Council of Europe6. Transitional Justice in South-East Europe7.
Criminal prosecutions
8. International Criminal Court to ad hoc international and mixed tribunals and truth commissionsand their contribution to Rule of Law
9. Transitional justice and the International Criminal Court10.Truth commissions.11.Reparation programs12.Security system reform13.Vetting14.Memorialisation efforts.15.Transitional Justice and Human Rights16.Gender and Transitional Justice17.Outreach18.Transitional Justice and the Role of the Media19.Transitional Justice in South-East Europe20.The ICTY and transitional justice21.Transitional Justice and Reconciliation22.Truth-finding and truth-telling
-
8/8/2019 ISSS Essays Info
5/24
ISSS 2010_ESSAYS
5
23. Truth Commissions, Transitional Justice and Civil Society24.Human Rights Politics & Transitional Justice25.Democratization and human rights26.Political rights and transition27.Economic and social rights in transitional societies28.The role of NGOs in transitional human rights regimes29.The importance of UN SC R 1325 (2000) in transition30.Human Rights and Peace Arrangements31.Children rights and Transitional Justice32.Property Rights and Transitional Justice
-
8/8/2019 ISSS Essays Info
6/24
ISSS 2010_ESSAYS
6
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 byintergovernmental 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
Todays 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).
2This background analysis has been prepared by the organizers for the purposes of ISSS 2010 only. Reference
material and sources are available below.
-
8/8/2019 ISSS Essays Info
7/24
ISSS 2010_ESSAYS
7
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, decentralizedprocess of building human rights awareness through local contacts is probably the international human
rights regimes 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 practicesfocus on four main factors that seem likely to influence
human rights practices:
-
8/8/2019 ISSS Essays Info
8/24
ISSS 2010_ESSAYS
8
a) political regime type and leadership;b) political culture and national identity;c) economic structure and interests; andd) 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 mayexist 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 attackand 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
-
8/8/2019 ISSS Essays Info
9/24
ISSS 2010_ESSAYS
9
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 leadselites 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 tomaintaining 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
-
8/8/2019 ISSS Essays Info
10/24
ISSS 2010_ESSAYS
10
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
-
8/8/2019 ISSS Essays Info
11/24
ISSS 2010_ESSAYS
11
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 buildingthese 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
-
8/8/2019 ISSS Essays Info
12/24
ISSS 2010_ESSAYS
12
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 genocideten cantonal courts in the Federation, five district courts in the
Republika Srpska (RS) and one in Brko District. It is worth pointing out that these courts will be handling
-
8/8/2019 ISSS Essays Info
13/24
ISSS 2010_ESSAYS
13
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 LocalGlobal 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 Montenegrocompensating 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.
-
8/8/2019 ISSS Essays Info
14/24
ISSS 2010_ESSAYS
14
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
Representatives 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.
-
8/8/2019 ISSS Essays Info
15/24
ISSS 2010_ESSAYS
15
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 EUs 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 Jos Zalaquett, ICTJ Board Member
-
8/8/2019 ISSS Essays Info
16/24
ISSS 2010_ESSAYS
16
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
Nataa Kandi
25. Transitional Justice in Bosnia and Herzegovina: Findings of a Public Survey
Stefan Priesner, Lynne ODonoghue and Alma Dedi
26. Transitional Justice: Assessment Survey of Conditions in the Former Yugoslavia
Prof. Louis Aucoin and Prof. Eileen Babbitt (UNDP)
-
8/8/2019 ISSS Essays Info
17/24
-
8/8/2019 ISSS Essays Info
18/24
ISSS 2010_ESSAYS
18
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 AntiquityLeonhard Schmitz
Lustration in Serbia: form without a contentVladimir Petrovic
The Problem of the Grudge InformerLon 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
-
8/8/2019 ISSS Essays Info
19/24
ISSS 2010_ESSAYS
19
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 LatinAmerica
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. Bosnias Incomplete Transition: between Dayton and Europe
-
8/8/2019 ISSS Essays Info
20/24
ISSS 2010_ESSAYS
20
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 RajGerald Knaus and Felix Martin
02. Turning point on Mount OlympusEuropean Stability Initiative
03. How the international protectorate hurts the European future of Bosnia andHerzegovinaEuropean Stability Initiative
-
8/8/2019 ISSS Essays Info
21/24
ISSS 2010_ESSAYS
21
04. A Bosnian FortressEuropean Stability Initiative
05. How the UN violated human rights in Bosnia and Herzegovina, and why nothing hasbeen done to correct itEuropean Stability Initiative
06. In search of politics: the evolving international role in Bosnia and HerzegovinaEuropean Stability Initiative
07. Imposing constitutional reform? The case for ownershipEuropean Stability Initiative
08. Deconstruction of state institutions: The International Community and politicalelites in Bosnia and HerzegovinaSead Turcalo
09. The Problems of 'Nation-Building': Imposing Bureaucratic 'Rule from Above'David Chandler, University of Westminster
10.
Sliding toward the Precipice: Europes Bosnia PolicyDemocratization Policy Council
11. From Dayton to EuropeDavid Chandler
12. Inside the Bosnian Crisis: Documents and AnalysisJournal of Intervention and Statebuilding
PART IV: HUMAN RIGHTS AND TRANSITIONAL JUSTICE
13. Children and Transitional JusticeBackground Paper
14. Conflict Society and Human RightsRaffaele Marchetti & Nathalie Tocci
15. Constitutional Courts in Divided Societies: A Call for Scholarship on InternationalInterventionism in Constitutional Law and PoliticsEdsel C. F. Tupaz
16. Defining Democracy in Practice: Closing the Definitional Divide in InternationalOrganizations 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 JusticeFionnuala Naolain
-
8/8/2019 ISSS Essays Info
22/24
ISSS 2010_ESSAYS
22
19. How Transitions Reshaped Human Rights: A Conceptual History of TransitionalJusticePaige Arthur
20. Negotiating Justice? Human Rights and Peace AgreementsInternational 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 JusticeMichael Scarlett
23. Treaty Bodies and the Interpretation of Human RightsKerstin Mechlem
24. United Nations Approach to Transitional JusticeGuidance Note of the Secretary-General
25. Deconstructing the Reconstruction: the Laws, Priorities and Players Centralto 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 theNational 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 Bosnias RealConstitutionTimothy William Waters
29. Transforming Westphalian Sovereignty: Human Rights & International Justice as aTransitional CrucibleJackson Nyamuya Maogoto
18. Dealing with Africas Human Rights Problems: The Role of the United Nations, the
African Union and Africas Sub-Regional Organizations in Dealing with Africas
Human Rights Problems: Connecting Humanitarian Intervention and the
Responsibility to Protect
Jeremy Sarkin
-
8/8/2019 ISSS Essays Info
23/24
ISSS 2010_ESSAYS
23
ECONOMIC AND SOCIAL RIGHTS
01. Economic and Social Justice for Societies in TransitionLouise Arbour, United Nations High Commissioner for Human Rights
02. Globalizing Labour Markets: Human trafficking, bio political security governance andindetermined resistance in post-conflict Bosnia and HerzegovinaJacqueline Berman
03. Property Rights and Transitional Justice: Restitution in Hungary and East GermanyJessica Tucker-Mohl
04. Repairing the past: Compensation for victims of human rights violationsPablo de Greiff
05. The Judicial Enforcement of Socio-Economic Rights in Comparative PerspectiveMichael C. Tolley
06. A scoping study of Transitional Justice and poverty reductionJane Alexander
07. Reconceiving Refugees and Internally Displaced Persons As Transitional JusticeActorsSusan Gail Harris-Rimmer
GENDER AND TRANSITIONAL JUSTICE
01. Where Are the Women? A Study of Womens Political Activism During and AfterConflictJoyce P. Kaufman, Kristen P. Williams
02. Gender and Reparations in GuatemalaClaudia Paz y Paz Bailey
03. Is Human Security a Feminist Peacebuilding Tool?Professor Elisabeth Porter
04. Truth Commissions and Gender: Principles, policies, and proceduresVasuki Nesiah
05. Resolution 1325 and peace Agreements: an in insight into the gender ofpeacemakingSahla Aroussi
06. WHAT HAPPENED TO THE WOMEN? Gender and Reparations for Human RightsViolationsRuth Rubio-Marn, International Centre for Transitional Justice
-
8/8/2019 ISSS Essays Info
24/24
ISSS 2010_ESSAYS
07. Women and Peace Processes: Contributions from Gender Studies and Peace studiesBy Julie Mertus and Tazreena Sajjad, American University
08. Transitional Justice: Responding to Victims of Wartime Sexual Violence in AfricaLuke Hennig
09. Never Again... and Again_ Law, Order, and the Gender of War Crimes in Bosnia andBeyond
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 NAolin and Catherine ORourke
13. Gendered Under-Enforcement in the Transitional Justice Context
Fionnuala N Aolin
14. Women in Post-Conflict Reconstruction: Dilemmas and Directions
Naomi Cahn