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    ISSS 2010_ESSAYS

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    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
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    VISIT TO THE HUMAN RIGHTS CENTRE

    The 11th day is dedicated only to the finalization of your essays where we will have a chance to visit the

    library of the Human Rights Centre which has over 1000 books (in English) all focusing on human 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=
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    TO SUM UP

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

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

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

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

    August 6:Selected essays presented

    October 2010:Publication of your essays

    If you need more information please dont hesitate to contact me at anytime, because Ill be mainly at

    your disposal in relation to your essays.

    Best,

    Adnan Kadribasic

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    LIST OF TOPICS FOR ISSS 2010 ESSAYS_

    1.

    The need for Transitional Justice

    2. International and Regional 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

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    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

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    HUMAN RIGHTS AND TRANSITIONAL JUSTICE

    BACKGROUND ANALYSIS2

    HUMAN RIGHTS AND SOCIETIES IN TRANSITION_

    Human rights violations are often particularly severe in transition societies that are undergoing

    significant political, social, and economic transformation. Improving human rights practices in transition

    societies should therefore be a central goal for domestic reformers and the international community

    alike. This makes sense, not only because of the intrinsic value of improved human rights protection but

    also because of the indirect effects that such improvements have on democratization, economic

    development, and conflict resolution. To address transitional human rights problems constructively it is

    necessary to understand both the international regime pushing for human rights improvements and the

    main sources of continuing violations. The international human rights regime consists of international

    and domestic norms and standards, on the one hand, and of practical promotion efforts 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.

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    Unfortunately, the process of abstract standard setting has made more rapid progress than efforts to

    legitimize and enforce the standards in practice. Practical efforts by IGOs and governments have been

    limited by two main factors. First, the principle of non-intervention in the internal affairs of states is

    given great prominence in the UN Charter. Most states view this principle as the most important legal

    guarantee of their sovereignty against intrusions by other, more powerful states and the objectives and

    ideologies that animate them. A second, similar, constraint operates from the direction of states and

    societies that more strongly embrace human rights standards, both for themselves and for others. On

    the one hand, such states are more likely to link an ideological embrace of human rights with the

    complementary pragmatic view that expanding human rights protection is in their national security and

    economic interests. Moreover, such states are most likely to harbour well-organized and well-financed

    human rights NGOs. On the other hand, states pursuit of their security and economic interests also

    tends to constrain their promotion of human rights, particularly vis-a` -vis the most powerful and

    important human rights-violating regimes. Both non-intervention norms and limited interest in

    intervention explain the highly selective manner in which the relevant UN bodies recognize and

    condemn human rights violations.

    Human rights NGOs and their individual and organizational supporters are the final component of the

    international human rights regime. NGOs are largely unconstrained by national interests. Although they

    have their own ideological biases, competition among them produces a large and relatively objective

    stream of information about human rights practices around the world. Just as importantly, NGOs are

    engaged in ongoing efforts to popularize and advance the whole panoply of human rights causes around

    the world. These informational and advocacy functions can potentially have significant impacts on elite

    and public opinion, fertilizing and organizing local human rights traditions and movements to the point

    where they become prominent and influential in domestic culture and politics. This slow, 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:

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    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

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    demands of the opposition. Authoritarian regimes are also more likely to politicize economic subsidies

    and regulations in an effort to build bases of support through patronage networks.

    This results in more wide spread discrimination and greater neglect in providing public goods. Last,

    authoritarian regimes may initiate or perpetuate civil and international conflicts, in order to divert public

    attention away from political and economic difficulties that undermine their legitimacy. 6 These likely

    interactions are shown in figure 1.1. Second, norms and values associated with political cultures and

    national identities are likely to influence human rights practices in two ways:

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

    their methods;

    (2) they make it possible to mobilize mass support for regimes and policies on grounds that go beyond

    calculations of individual self-interest.

    Political cultures and national identities are likely to contribute indirectly to stronger protection of

    human rights if political or other human rights are viewed as important means or ends in serving

    traditional values or fulfilling important national ideals. Similarly, political cultures and national

    identities are most likely to contribute indirectly to human rights violations where political and other

    rights are viewed as directly or indirectly inimical to traditional values or national ideals. There are many

    possibilities for greater or lesser ideological or practical compatibility between human rights norms and

    local political cultures and identities. Local political cultures and identities can also be invoked in

    disputes over regime type, economic policies, and civil and international conflicts. This can make it more

    (or less) difficult to adopt political institutions, economic policies, and conflict-related policies that affect

    human rights practices. Third, extreme poverty places intrinsic limits on public goods provision and 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

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    violator regimes are more likely to move pre-emptively to forestall political threats, they are less

    vulnerable than protector regimes; in other words, war is a form of political natural selection that is

    more dangerous for regimes that respect human rights. War can be more safely used as a diversionary

    tactic by violator than by protector regimes.

    TRANSITIONAL JUSTICE APPROACH_

    Transitional justice is an approach to systematic or massive violations of human rights that both

    provides redress to victims and creates or enhances opportunities for the transformation of the political

    systems, conflicts, and other conditions that may have been at the root of the abuses. A transitional

    justice approach thus recognizes that there are two goals in dealing with a legacy of systematic or

    massive abuse. The first is to gain some level of justice for victims. The second is to reinforce the

    possibilities for peace, democracy, and reconciliation. To achieve these two ends, transitional justice

    measures often combine elements of criminal, restorative, and social justice.

    Transitional justice is not a special form of justice. It is, rather, justice adapted to the often unique

    conditions of societies undergoing transformation away from a time when human rights abuse may have

    been a normal state of affairs. In some cases, these transformations will happen suddenly and have

    obvious and profound consequences. In others, they may take place over many decades.

    In making such a transition, societies must confront the painful legacy, or burden, of the past in order to

    achieve a holistic sense of justice for all citizens, to establish or renew civic trust, to reconcile people and

    communities, and to prevent future abuses. A variety of approaches to transitional justice are available

    that can help wounded societies start anew. These approaches are both judicial and nonjudicial, and

    they seek to encompass broadly the various dimensions of justice that can heal wounds and contribute

    to social reconstruction. Transitional justice incorporates a realistic view of the challenges faced by

    societies emerging from conflict or repression, and an appreciation of their unique cultural and historical

    contexts, without allowing these realities to serve as excuses for inaction. All stakeholders in the

    transition process must be consulted and participate in the design and implementation of transitional

    justice policies. The approaches to transitional justice are based on a fundamental belief in universal

    human rights, and rely on international human rights and humanitarian law in demanding that states

    halt, investigate, punish, repair, and prevent abuses. Transitional justice approaches consistently focus

    on the rights and needs of victims and their families.

    The major approaches to transitional justice include the following:

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

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

    national and international commissions

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

    rehabilitative, and symbolic reparations

    Institutional reform, of which one measure is the vetting of abusive, corrupt, or incompetent officials

    from the police and security services, the military, and other public institutions including the judiciary.

    Vetting refers to the process of excluding from public employment those known to have committed

    human rights abuses or been involved in corrupt practices.

    Promoting reconciliation within divided communities, including working with victims on traditional

    justice mechanisms and forging social reconstruction

    Constructing memorials and museums to preserve the memory of the past

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

    TRANSITIONAL JUSTICE TODAY

    Transitional justice today is a diverse and vibrant field. As it has grown, it has found common ground

    with social justice movements, as well as the fields of conflict resolution, peace-building, and historical

    memory, to name a few.

    As transitional contexts have shifted from the post-authoritarian societies of Argentina and Chile to the

    post-conflict societies of Bosnia and Herzegovina, Liberia, and the Democratic Republic of the Congo,

    new practical challenges have forced the field to innovate and expand it boundaries. Ethnic cleansing

    and displacement, the reintegration of ex-combatants, reconciliation among communities, and the role

    of justice in peace 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

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    have emerged, and these are making up part of the national identities, reinforcing the fragmentation of

    post-war societies.

    How do societies emerging from war come to terms with their recent violent past? How can people and

    communities, deeply divided and traumatised, regain trust in fellow citizens and state institutions,

    achieve a sense of security and economic stability, rebuild a moral system and a shared future?

    Apparently, this is a complex and long-term process, which ultimately has to involve all layers and

    structures of a society. Nevertheless, many experiences of past decades suggest that truth-seeking

    mechanisms and public recognition of responsibility, as well as re-establishing justice through various

    means, are important elements of thisprocess. They amongst others assist societies to constructively

    deal with their violent past, (re)establish accountable and democratic institutions and achieve

    reconciliation. Over the course of time, different approaches have been established more recently

    referred to as transitional justice mechanisms (see Kritz 1995; UN Report 2004)1 in order to address

    the question of truth and justice in societies transitioning from war to peace.

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

    Prosecution and Setting Up New Courts

    International Criminal Tribunal for the former Yugoslavia (ICTY)

    National Courts

    Mixed Courts in the Region

    Reparation

    Lustration

    Truth-seeking and Fact-finding

    Truth and Reconciliation Commission

    Fact-finding and Documentation

    Public Debates and Public Acknowledgment

    Education

    Healing and Story-Telling

    TRANSITIONAL JUSTICE MECHANISMS IN BOSNIA AND HERZEGOVINA

    The domestic War Crimes Chamber (WCC), part of the State Court of BiH, opened in March 2005. This

    Chamber is set to become the most prominent criminal court dealing with war crimes committed in BiH

    between 1991 and 1995.6 Its first task has been to process numerous war crimes cases handed down by

    ICTY to decide which should be tried before the WCC and which should go before the local courts. It is

    unclear at this stage how many cases it will be able to prosecute, but it is unlikely to exceed a few

    hundred. Lastly, there are the sixteen domestic courts that also have jurisdiction over war crimes, crimes

    against humanity and 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

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    more than 90 per cent of the caseload, yet do not receive anything like the funding support given to the

    WCC and are seriously lacking in capacity.

    Truth-Seeking

    The second pillar in the transitional justice tool box is truth-seeking, or fact-finding. Discussions have

    been under way intermittently since the signing of the Dayton Accords on ways to establish the truth

    about what happened during the conflict, including proposals on a draft law for a truth commission, but

    little concrete progress has been achieved.

    The one exception in this regard is the landmark 2004 RS Srebrenica Commission report, which led to an

    apology by the RS Government to the families of the Srebrenica victims. This commission arose out of an

    obligation for the RS to respond to a Human Rights Chamber decision regarding forty-nine complaints

    brought by victims families. Nevertheless, it required the intervention by the High Representative, Lord

    Ashdown, to set it in motion. Despite similar rulings by the Human Rights Chamber on other incidents of

    severe human rights violations7, there have so far been no further such commissions.

    Under the truth-seeking pillar comes documentation. Leading the field is the invaluable work of the

    Investigation and Documentation Centre (IDC) led by Mirsad Tokaca.8 In the past twelve years, IDC has

    gathered millions of pages 122 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.

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    Institutional Reform

    Countries recovering from conflict often need to adopt a broad range of institutional reforms to prevent

    a relapse into violence. In BiH, new human rights institutions were created post-conflict, such as the

    Human Rights Chamber. This was replaced at the end of 2003, in line with Dayton Agreement, by the

    Commission for Human Rights of the Constitutional Court of BiH. Police reform carried out by the United

    Nations Mission in BiH (UNMIBH) included a rigorous screening process of police offi cers10 but

    widespread lustration within the political and military sphere did not take place. However, the High

    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.

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    READER MATERIALS_SUMMARY

    PART I: INTRODUCTION TO TRANSITIONAL JUSTICE

    01. What is TJ?

    ICTJ

    02. What is Transitional Justice?

    ICTJ

    03. What is Transitional Justice? A Backgrounder

    Author: Office of the United Nations

    04. What is Transitional Justice?

    ICTJ

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

    ICTJ

    06. The 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

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    13. Trauma and Transitional Justice in Divided Societies

    Judy Barsalou

    14. Transitional Justice Genealogy

    Ruti G. Teitel

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

    Report of the Secretary-General, United Nations Security Council

    16. On the Very Idea of Transitional Justice

    Jens David Ohlin

    17. The Law and Politics of Contemporary Transitional Justice

    Ruti Teitel

    18. Transitional Justice as an Emerging Field

    Dr. Alex Boraine

    19. Transitional Justice as Ordinary Justice

    Eric A. Posner and Adrian Vermeule

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

    Justice

    Miriam J. Aukerman

    21. Transitional Justice and Reconciliation

    Sanam Naraghi Anderlini, Camille Pampell Conaway and Lisa Kays

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

    Natascha Zupan

    23. An Excuse-Centered Approach to Transitional Justice

    David Gray

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

    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)

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

    Reckoning with the communist past

    Lavinia Stan

    Chapters:

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

    Lavinia Stan

    09. Czechoslovakia and the Czech and Slovak Republics

    Nadya Nedelsky

    10. East Germany

    Gary Bruce

    11. Romania

    Lavinia Stan

    12. Explaining country differences

    Lavinia Stan

    13. Disclosing hidden history: Lustration in the Western Balkans

    Magarditsch Hatschikjan, Du an Relji, and Nenad Sebek

    VETTING MATERIALS

    The oral meaning of lustration in 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

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    17. Truth Commissions, Transitional Justice, and Civil Society

    David A. Crocker

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

    Judy Batt and Jelena Obradovic-Wochnik

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

    Office of the United Nations, High Commissioner for Human Rights

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

    Office of the United Nations, High Commissioner for Human Rights

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

    Office of the United Nations, High Commissioner for Human Rights

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

    Office of the United Nations, High Commissioner for Human Rights

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

    Eastern Europe

    Editors: Vladimira Dvorakova and Andelko Milardovic

    24. Transitional Justice: The German Experience after 1989

    Markus Rau

    PART III: TRANSITIONAL JUSTICE AND INTERNATIONAL INTERVENTION

    01. The justice cascade: The evolution and impact of foreign human rights trials in 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

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    International Crisis Group Working to Prevent Conflict Worldwide

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

    Herzegovina?

    Gemma Collantes Celador

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

    NGOs

    Martin Binder

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

    Transfer

    OSCE Office for Democratic Institutions and Human Rights

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

    David M. Malone

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

    Timothy William Waters

    10. Constitutionalizing Democracy in Fractured Societies

    Samuel Issacharoff

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

    Transitional Justice Institute University of Ulster

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

    to the International Administration on Post-Conflict Bosnia and Herzegovina

    Dina Francesca Haynes

    INTERNATIONAL COMMUNITY AND BOSNIA AND HERZEGOVINA

    01. Travails of the European 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

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    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

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    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

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    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

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    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