Engineering Grassroots Transitional Justice in the Balkans

2012 ◽  
Vol 27 (1) ◽  
pp. 129-148 ◽  
Author(s):  
Anna Di Lellio ◽  
Caitlin McCurn

The initiative to establish a truth commission in the successor states of the former Yugoslavia (RECOM) presents a rich case study of the performance of the “toolkit” that transitional justice professionals propose on a global scale: an inclusive package that offers truth, justice, reconciliation and stability. Whether these goals could be achieved is the subject of a critical debate that questions overly ambitious projects of truth commissions, especially their sensitivity to local understandings and practices of transitional justice. We aim to contribute to this debate by examining the reception of RECOM in Kosovo, where most local actors remain either noncommittal or outright opposed to RECOM. What these actors share is the conviction that their own narratives be taken seriously, even when this means refusing the suppression of “truths” that can be divisive. We found that giving priority to “the local” implies more than adapting the received professional “toolkit”: it might require abandoning it.

Author(s):  
Claire Whitlinger

This chapter explores the relationship between the 2004 commemoration in Philadelphia, Mississippi and the Mississippi Truth Project, a state-wide project initially modelled after South Africa’s post-apartheid Truth and Reconciliation Commission. After reviewing the history of transitional justice efforts in the United States and the social scientific literature on how civil society-based truth commissions emerge, the chapter demonstrates how the 2004 commemoration and subsequent trial of Edgar Ray Killen precipitated the formation of a state-wide truth commission when previous efforts had failed. In short, this research finds that the commemoration mobilized mnemonic activists; concentrated local, state, and global resources; broadened political opportunity; and shifted the political culture of the state. Despite these developments—and years of project planning—the Mississippi Truth Project changed course in 2009, abandoning a South African-style truth commission in favour of grassroots memory projects and oral history collection. The chapter thus sheds lights on the possibilities and perils of pursuing non-state truth commissions.


2016 ◽  
Vol 30 (1) ◽  
pp. 155-176
Author(s):  
ALISON BISSET

AbstractIn recent times, transitional justice practice has increasingly seen truth commissions tasked with administering accountability programmes, distinct from, and in addition to, their traditional truth-seeking role. Such accountability schemes typically take the form of granting or recommending amnesty for those who disclose involvement in past crimes or facilitate reintegration on the basis of similar disclosures. Self-incriminating disclosures made in the course of traditional truth commission proceedings generally attract a robust set of legal safeguards. However, the protections within transitional accountability schemes administered by truth commissions tend to be less stringent. This article explores this anomaly, focusing particularly on the extent to which the privilege against self-incrimination is protected within truth commission-administered accountability programmes. It considers the programmes operated to date, and the levels of protection afforded, and demonstrates a lack of consistent practice in the safeguarding of individual rights within these programmes. It examines international legal standards on the privilege against self-incrimination and questions whether the procedures operated by accountability programmes can be reconciled with international norms in order to protect those who make self-incriminating disclosures within accountability initiatives. The article argues that a failure to ensure individual rights against self-incrimination risks compromising the efficacy of the programmes themselves and the contribution that they can make to long-term peace and reconciliation in transitional states.


2017 ◽  
Vol 4 (3) ◽  
pp. 192
Author(s):  
Professor Bishnu Pathak

<em>The objective of this paper is to explore the initiatives and practices of different countries in truth seeking. Many countries during the post-conflict, colonial, slavery, anarchical and cultural genocide periods establish the Truth Commissions to respond to the past human wrongdoings: crimes and crimes against humanity. Enforced Disappearances (ED), killings, rapes and inhumane tortures are wrongdoings. Truth Commission applies the method of recovering silences from the victims for structured testimonies. The paper is prepared based on the victim-centric approach. The purpose reveals the piecemeal fact-findings to heal the past, reconcile the present and protect the future. The study covers more than 50 Commissions in a chronological order: beginning from Uganda in 1974 and concluding to Nepal in February 2015. Two Commissions in Uruguay were formed to find-out enforced disappearances. Colombian and Rwandan Commissions have established permanent bodies. The Liberian TRC threatened the government to submit its findings to the ICC if the government failed to establish an international tribunal. The Commissions of Bolivia, Ecuador, Haiti, former Yugoslavia and Zimbabwe were disbanded, and consequently, their reports could not be produced. No public hearings were conducted in Argentina and former Yugoslavia. It is noted that only 8 public hearings in Ghana, 8 national hearings in East-Timor and 15 in Brazil were conducted. Moroccan Commission held public hearings after signing the bond paper for not to disclose the names of the perpetrators whereas Guatemala did not include the perpetrators’ names in the report. The Shining Path’s activists are serving sentences based on civil-anti-terrorist court, but Alberto Fujimori is convicted for 25 years. Chadian Commission worked even against illicit narcotics trafficking. The UN established its Commissions in Sierra Leon, El Salvador and East-Timor, but failed to restore normalcy in Kosovo. Haiti prosecuted 50 perpetrators whereas Guatemala prosecuted its former military dictator. The Philippines’ Commission had limited investigation jurisdiction over army, but treated the insurgents differently. In El Salvador, the State security forces were responsible for 85 percent and the non-state actors for 15 percent similar to CIEDP, Nepal. The TRCs of Argentina, East-Timor, Guatemala, Morocco, Peru and South Africa partially succeeded. Large numbers of victims have failed to register the complaints fearing of possible actions. All perpetrators were controversially granted amnesty despite the TRC recommendation in South Africa. The victims and people still blamed Mandela that he sold out black people’s struggle. Ironically, the perpetrators have received justice, but the victims are further victimized. As perpetrator-centric Government prioritizes cronyism, most of the Commissioners defend their respective institution and individuals. Besides, perpetrators influence Governments on the formation of Truth Commission for ‘forgetting the victims to forgive the perpetrators’. A commission is a Court-liked judicial and non-judicial processes body, but without binding authority except Sierra Leone. Transitional Justice body exists with a five-pillar policy: truth, justice, healing, prosecution and reparation. It has a long neglected history owing to anarchical roles of the perpetrators and weak-poor nature of the victims. Almost all TRCs worked in low budget, lack of officials, inadequate laws and regulations, insufficient infrastructures and constraints of moral supports including Liberia, Paraguay, Philippines, South Africa, Uganda and Nepal. The perpetrators controlled Governments ordered to destroy documents, evidences and testimonies in their chain of command that could have proven guilty to them.</em>


Author(s):  
Diane Orentlicher

Created in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) has operated longer than any war crimes tribunal in history. It thus offers a singularly important case study of how and why the local impact of an international criminal tribunal (ICT) evolves over time; the circumstances in which international justice can advance the normative, reparative, and other aims of transitional justice; and, more generally, the goals ICTs are either well-suited or unlikely to advance. The book explores the ICTY’s impact in Serbia, whose wartime leader plunged the former Yugoslavia into vicious ethnic conflict, and Bosnia-Herzegovina, which experienced searing atrocities culminating in the Srebrenica genocide, over the life of the Tribunal. It focuses on the Tribunal’s impact in three spheres: victims’ experience of justice; official, elite, and community discourses about wartime atrocities, as well as official gestures of acknowledgment; and domestic accountability processes, including the work of a hybrid court in Bosnia. While highlighting the perspectives of Bosnians and Serbians interviewed by the author, the book incorporates a rich body of interdisciplinary research to deepen their insights.


Author(s):  
Eric Wiebelhaus-Brahm ◽  
Dylan Wright

Abstract Remarkably little attention has focused on the formulation and implementation of truth commission (tc) recommendations. We use Skaar et al.’s original data on approximately 1000 recommendations produced by 13 truth commissions established in 11 Latin American countries between 1983 and 2014 to examine how recommendations and government responses to them have evolved over nearly 40 years. Truth commissions appear to be regularly influenced by major global transitional justice and human rights developments as they formulate recommendations. They target specific marginalised identity groups in their recommendations, particularly after major global initiatives to recognise the rights of such groups. Yet, governments often forego implementing such recommendations. Recommendations also appear to be shaped by whether the commission was established right after a political transition. Post-transitional commissions, which come five or more years after transition, issue more recommendations dealing with reparations of all sorts. However, whether overwhelmed by the number of proposals or more immune to pressure to enact such measures, governments implement these recommendations less regularly. These commissions also do not invoke the importance of reconciliation as transitional commissions do.


1997 ◽  
Vol 25 (3) ◽  
pp. 481-499 ◽  
Author(s):  
Lenard J. Cohen

The role of historical and cultural influences in recent Balkan warfare has been the subject of considerable debate among commentators both within and outside the former Yugoslavia. For example, some observers, who might be considered members of the primordial hatred school, have emphasized the cyclical role of “ancient enmities” and atavistic impulses in the Balkans. In contrast, another group of analysts, who have subscribed to the paradise lost approach, focus on the long periods during which populations of different languages, religions, and other facets of Balkan ethnic identity, managed to peacefully co-exist. This second perspective downplays historical factors and attributes the violence and savagery of recent years to nationalist leaders who whipped up antagonisms to suit their own political agendas.


2016 ◽  
Vol 49 (1) ◽  
pp. 55-82 ◽  
Author(s):  
CATH COLLINS

AbstractRecent thinking and practice in transitional justice suggest that victims and societies hold indivisible, perhaps even simultaneous, rights to truth, justice and reparations after gross human rights violations. This article analyses the advantages and drawbacks of such holistic approaches to transitional justice, through a case study of Chile's second official truth commission, the ‘Valech Commission’. The article illustrates the politics of ongoing contestation about authoritarian era crimes in Latin America, showing how and why the commission was designed to deliver on certain truth-and-reparations obligations towards survivors of past state repression, while attempting to explicitly decouple truth revelations from judicial consequences. It also discusses the implications of associating truth-telling and reparations in a single instance, and in doing so contributes to debates about the potentially contradictory or counterproductive outcomes that may arise from the yoking together of truth, justice and reparations functions in transitional justice policy design.


Author(s):  
Anita Ferrara

AbstractThe article, through the case study of Chile, explores the interconnections between archives, human rights and transitional justice. Chile represents a unique case globally for the early creation of thousands of records documenting the human rights violations committed under Pinochet’s 17-year dictatorship. In post-Pinochet Chile, the human rights archives have provided extremely important sources of evidence that have proven crucial in the development of transitional justice mechanisms. Truth commissions have, in turn, created their own archives, which have strongly contributed to later processes of reparation, justice and memory. The article aims to develop a better understanding of the multiple roles that archives have played as tools for achieving truth, justice and reparation over the long transitional period in Chile. The article argues that a combination of several factors and the intervention of different actors led to the archives having a significant impact in the development of subsequent transitional justice mechanisms.


2018 ◽  
Vol 48 (1) ◽  
pp. 61-91 ◽  
Author(s):  
Ana Antić

This article explores how ‘European civilization’ was imagined on the margins of Europe in the first half of the twentieth century, and how Balkan intellectuals saw their own societies’ place in it in the context of interwar crises and World War II occupation. It traces the interwar development and wartime transformation of the intellectual debates regarding the modernization of Serbia/Yugoslavia, the role of the Balkans in the broader European culture, and the most appropriate path to becoming a member of the ‘European family of nations’. In the first half of the article, I focus on the interwar Serbian intelligentsia, and their discussions of various forms of international cultural, political and civilizational links and settings. These discussions centrally addressed the issue of Yugoslavia’s (and Serbia’s) ‘Europeanness’ and cultural identity in the context of the East–West symbolic and the state’s complex cultural-historical legacies. Such debates demonstrated how frustrating the goal of Westernization and Europeanization turned out to be for Serbian intellectuals. After exploring the conundrums and seemingly insoluble contradictions of interwar modernization/Europeanization discussions, the article then goes on to analyse the dramatic changes in such intellectual outlooks after 1941, asking how Europe and European cultural/political integration were imagined in occupied Serbia, and whether the realities of the occupation could accommodate these earlier debates. Serbia can provide an excellent case study for exploring how the brutal Nazi occupation policies affected collaborationist governments, and how the latter tried to make sense of their troubled inclusion in the racial ideology of the New European Order under the German leadership. Was Germany’s propaganda regarding European camaraderie taken seriously by any of the local actors? What did the Third Reich’s dubious internationalism mean in the east and south-east of Europe, and did it have anything to offer to the intelligentsia as well as the population at large?


Author(s):  
Sara Parker

The international community is increasingly interested in promoting post-conflict reconciliation in a variety of forms, with trials and truth commissions featured most prominently. The contemporary academic discussion over transitional justice (and the practice of transitional justice itself) is largely focused on whether and how these types of large-scale national transitional justice mechanisms contribute to reconciliation. This article examines the promise and reality of the International Criminal Tribunal for the Former Yugoslavia (ICTY) to contribute to national reconciliation. Ultimately, the ability of state-wide policies to contribute to reconciliation rests on the active participation of local level actors. This requires political backing at the state and local level beyond that of just the international community. More attention needs to be paid to domestic cultural factors in the initial decision to implement state-wide transitional justice procedures, and bottom-up mechanisms must be built into any large scale approach to reconciliation.


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