Implementation of Transitional Justice Initiatives in Bosnia and Herzegovina: The Need for an Inclusive Approach

2019 ◽  
Vol 39 (2) ◽  
pp. 199-215
Author(s):  
Faruk Teksen
Keyword(s):  
Bosnia And Herzegovina ◽  
Transitional Justice ◽  
Inclusive Approach

scholarly journals Traumatized War Criminal? Documenting the Case of Esad Landžo

2020 ◽  
pp. 105756772094078
Author(s):  
Olivera Simic
Keyword(s):  
Bosnia And Herzegovina ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Legal Discourse ◽  
Psychological Trauma ◽  
Former Yugoslavia ◽  
Traumatic Memories ◽  
Serious Injury ◽  
Main Protagonist

Perpetrators’ voices have been traditionally ignored in the transitional justice field and beyond. Esad Landžo was only 19 when he committed the crimes of willful killing, torturing, and causing serious injury to the detainees of notorious Čelebići camp in Bosnia and Herzegovina. In 2001, Landžo was sentenced to 15 years’ imprisonment by the International Criminal Tribunal for the Former Yugoslavia for the crimes he committed in 1992. After serving two thirds of his sentence in 2006 and settling in Finland, Landžo and the Danish filmmaker, Lars Feldballe Petersen, embarked on the project of making a documentary movie about Landžo’s traumatic memories, remorse, and regret. Landžo had a strong urge to extend his apology to each victim individually and in 2015 went to Čelebići to meet his former detainees. This article will build on a scarce conversation in scholarly, and legal discourse, as to why psychological trauma is considered to be an experience that belongs to victims. It will analyze difficult and untold perpetrators’ experiences of criminal acts and explore whether in these experiences there is potential for inner and group understanding. This article draws on the author’s interviews with Landžo, the main protagonist in the movie The Unforgiven: A War’s Criminal Remorse, a film that documents the extraordinary story of Landžo: from his denial to redemption.

scholarly journals Medijska konstrukcija kolektivnih sjećanja: Tretman prošlosti u polju novinarstva, s osvrtom na postdejtonsku Bosnu i Hercegovinu

2013 ◽  
Vol 13 (2 2013) ◽  
pp. 39-65
Author(s):  
Mirza Mahmutović
Keyword(s):  
Bosnia And Herzegovina ◽  
Transitional Justice ◽  
Social Situation ◽  
The Past ◽  
Post Conflict ◽  
The Media

In this work we critically consider the practice of treating history in the area of journalism respectively media as an distinctive institutional arena of contemporary communities for establishment, maintenance and transformation of common frameworks of understanding and commemorating of certain episodes from the past. We intent to offer plausible explanations regarding the relations between ''culture of remembrances'' and ''culture of reporting''. Article suggests how to approach the often misunderstood history in informative activitiy, which in its field of action and by definition does not have the dimension of history but the dimension of social situation of contemporariness. We also form the key operations and strategies used in shaping the repertoire of journalistic reports on the past. Described practices we study on the example of post-Dayton BiH, analysing media treatment of conflict areas during the recent war history. Legitimisation of ethnic-national visions of the past through the discourse of reporting has been recognised as the dominant way of working in the ''media memory filed''. Two key paradoxes of these practices are highlighted: coexistence of opposite discourses of commemoration and codification of abjection experiences by the same group of significations which have initially inducted the war traumas. We point out at least two conditions which facilitate these paradoxes: ambiguity of the past, concpetion of time which is assumed by post-Dayton Bosnia and Herzegovina as an inherently uncompleted/imperfect country and technologies of culturised steering of trauma, which is being used by regimes of therapeutic/transitional justice'' to cope with disturbing history in post-conflict communities.

Perpetrators on Trial

2019 ◽  
pp. 273-295
Author(s):  
Mirza Buljubašić ◽  
Barbora Holá
Keyword(s):  
Bosnia And Herzegovina ◽  
Transitional Justice ◽  
International Criminal Tribunal ◽  
Original Data ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Criminal Trials ◽  
Empirical Basis ◽  
International Crimes ◽  
Atrocity Crimes

Existing research on atrocity crimes perpetrators is predominantly theoretical and generic. Exploration of characteristics of individuals tried for their involvement in war crimes, crimes against humanity, and genocide might provide an empirical basis for a better understanding of the nature of international crimes and of criminal trials after atrocities. This chapter analyses defendant-related and crime-related characteristics of perpetrators tried by all courts in Bosnia and Herzegovina and by the International Criminal Tribunal for the former Yugoslavia (ICTY) following the armed conflict in the 1990s at the territory of former Yugoslavia. Based on original data, collected as of January 2016, it briefly examines perpetrators convicted of international crimes by domestic and international courts, and their socio-demographic and crime-related characteristics. In addition to enriching debates on perpetrators of international crimes, the results can serve as a basis for further discussions on transitional justice after atrocities in Bosnia, its scope, and merits.

‘The Everyday Work of Repair’: Exploring the Resilience of Victims-/Survivors of Conflict-Related Sexual Violence

2021 ◽  
pp. 030582982110548
Author(s):  
Janine Natalya Clark
Keyword(s):  
Sexual Violence ◽  
Bosnia And Herzegovina ◽  
Transitional Justice ◽  
Structured Interviews ◽  
The Social ◽  
The Everyday ◽  
Everyday Work

This interdisciplinary article uses what Das has termed ‘the everyday work of repair’ as a framework for thinking about resilience. It is not the first to discuss resilience and the everyday. What is novel is the context in which it does so. Extant scholarship on conflict-related sexual violence has largely overlooked the concept of resilience. Addressing this gap, the article draws on semi-structured interviews with victims-/survivors of conflict-related sexual violence in Bosnia and Herzegovina (BiH), Colombia and Uganda to examine what everyday resilience ‘looks’ like and how it is expressed within and across highly diverse social ecologies. In so doing, it reflects on what everyday resilience means for transitional justice, through a particular focus on hybridity. It introduces the term ‘facilitative hybridity’, to underscore the need for transitional justice processes to give greater attention to the social ecologies that can crucially support and enable the everyday work of repair and everyday resilience.

Legal Protection of the Missing and Their Relatives: The Example of Bosnia and Herzegovina

2006 ◽  
Vol 19 (3) ◽  
pp. 773-793 ◽  
Author(s):  
TILMAN BLUMENSTOCK
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Transitional Justice ◽  
Family Members ◽  
Legal Protection ◽  
Progressive Development ◽  
Positive Effects ◽  
Missing Persons ◽  
European Court ◽  
Degrading Treatment

More than a decade after the end of the conflict in Bosnia and Herzegovina, the issue of missing persons remains a major obstacle to reconciliation. With a focus on Bosnia and Herzegovina, this article looks at the phenomenon of missing persons and reviews the scope of the legal protection available to the victims and their family members, as well as some of the institutional efforts to shed light on their fate. The article describes the progressive development of the jurisprudence of the Human Rights Chamber for Bosnia and Herzegovina, a court modelled on the procedures of the European Court of Human Rights, which held that Bosnian authorities who are withholding from family members information about missing persons are violating their right not to be subjected to inhuman or degrading treatment and their right to respect for private and family life. It further illustrates the positive effects on politicians and lawmakers which can emanate from transitional justice.

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