Transitional Justice and the Rule of Law: Lessons from the Field (original) (raw)

INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS, Year 11, Volume 11

INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS , Year 11, Volume 11, 2020

This issue of the International Journal on Rule of Law, Transitional Justice and Human Rights in front of you is already the eleventh edition of an annual, peer-reviewed academic journal, co- published by the Association “Pravnik” and the Konrad-Adenauer-Stiftung’s Rule of Law Programme South East Europe. The International Journal is a direct output of the International Summer School Sarajevo (ISSS) which our two organisations co-organise since 2006. Over a period of 14 years, the ISSS has attracted more than four hundred students and young professionals from Europe, Asia and the Americas. After each edition of the ISSS, our aim was to engage our alumni to contribute to academic discussion with their papers on contemporary topics such as Rule of Law, Transitional Justice or Human Rights. An additional goal is to promote an interdisciplinary approach and build bridges between academia and practitioners in these relevant areas. With the origins of the transitional justice work dating back to the post-World War II period in Europa with the establishment of the International Military Tribunal at Nuremberg, transitional justice has played a key role in the last decades. One major step was the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993. What started as an ad hoc measure quickly became a role model: Since the creation of the ICTY, several international courts have been established to respond to revolting atrocities just like in Rwanda or Cambodia, and a permanent International Criminal Court is now operating in The Hague. In addition, the work of these courts have favoured investigations by national jurisdiction and generated a rich jurisprudence of international humanitarian law. These achievements don’t deprive transitional justice from its uninterrupted importance. Many problems all over the world remain unsolved, constituting an inexhaustible source for its application. This is proved by the variety of topics chosen by the authors of this Journal: It ranges from amnesty and human rights in El Salvador to gender transformation justice in Bosnia and Herzegovina, giving examples from Latin American countries as well as from Europe. By doing so, it does not only give an overview of the current worldwide situation of transitional justice, but also suggests alternative and critical approaches to contemporary challenges of transitional justice. Just like the previous ten editions, the Journal will be open to the public as it represents the ISSS’ contribution to global efforts in analysing, understanding and teaching about the rule of law, transitional justice and human rights.

INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS Year 13, Volume 13

2023

and Human Rights in front of you is already the tirtheents edition of an annual, peer-reviewed academic journal, co- published by the Association “Pravnik” and the Konrad-Adenauer-Stiftung’s Rule of Law Programme South East Europe. The International Journal is a direct output of the International Summer School Sarajevo (ISSS) which our two organisations co-organise since 2006. Over a period of 16 years, the ISSS has attracted more than four hundred students and young professionals from Europe, Asia and the Americas. After each edition of the ISSS, our aim was to engage our alumni to contribute to academic discussion with their papers on contemporary topics such as Rule of Law, Transitional Justice or Human Rights. An additional goal is to promote an interdisciplinary approach and build bridges between academia and practitioners in these relevant areas. It is with great pleasure that we present the latest edition of our Journal, focused on the theme of Transitional Justice. In these pages, we bring together a collection of insightful and thought-provoking essays, each one exploring the complex and challenging issues associated with building a just and equitable society in the aftermath of conflict or repression. From the Mexican situation to Bosnia and Herzegovina, from the RussoUkrainian war to Serbian history, the authors of these papers take us on a journey through the different contexts and approaches that have shaped the field of transitional justice. They challenge us to think beyond the mere fight against impunity and to consider the wider social and political implications of this critical field of study. With contributions from interdisciplinary perspectives, including law, sociology, and information technology, these papers offer a rich and diverse array of perspectives on the many challenges facing those seeking to build a more just and equitable world. Whether exploring the legal recognition of children born of war or the question of improving the rule of law, the authors provide us with fresh insights and new avenues for exploration.

INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS Year 8, Volume 8

The eighth edition of the International Journal on Rule of Law, Transitional Justice and Human Rights in front of you is a peer-reviewed International Journal published by the Association “Pravnik” and the Konrad-Adenauer-Stiftung’s Rule of Law Programme South East Europe. This International Journal is a direct output of the International Summer School Sarajevo (ISSS) which our two organisations co-organise since 2006. During its 11 editions the International Summer School Sarajevo has attracted over three hundred students and young professionals from Europe, Asia and the Americas. After each edition of the International Summer School Sarajevo, our aim was to engage our alumni to contribute to academic discussion with their papers on contemporary topics such as Rule of Law, Transitional Justice or Human Rights. An additional goal is to promote an interdisciplinary approach and build bridges between academia and practitioners in these relevant areas. Although there seems to be a universal understanding that peace and stability are crucial elements of modern societies, still too many violent conflicts are ongoing and will eventually destroy the fibre of communities affected with conflict. After the collapse of communism, with the transitions and violent conflicts which followed, it was self-evident that a new approach would be needed for these countries to recover. Transitional Justice was coined as a holistic approach offering instruments such as criminal prosecution, truth commissions, outreach and memorialization which were added to instruments already existing at that time, such as institution building, development of a sustainable rule of law and human rights systems, to name but a few. Today, the concept is no longer new. As Ruti G. Teitel asserts in her book (reviewed in this Journal), Transitional Justice today is globalized and currently forms part of a high number of post-conflict missions. However, in most countries, the application of transitional justice faces intricate challenges and fails to deliver the promise of sustainable peace and reconciliation. There already is a quite some research available, while in our view it focuses too much on criminal justice and too little on other transitional justice instruments such as truth commissions, truth speaking and outreach. Since our International Summer School is placed in Sarajevo, we recognised the need to focus on the topic of transitional justice as a new approach in dealing with past atrocities and a strategy for sustainable approach to justice, rule of law, reconciliation and peace building. The articles in this Journal also explore the interplay between Transitional Justice and other processes and in particular the rule of law, human rights and Europeanization, Globalization and others. With the eighth edition of the Journal in your hands, we hope that you will recognize new generation of voices from the field, suggesting alternative and critical approaches to contemporary challenges of transitional justice. The variety of topics chosen by the authors is indeed inspiring as it ranges from violations of rights of individuals to the group rights. Just like its first seven editions, the Journal will be open for public as it represents the ISSS’ contribution to global efforts in analyzing, understanding and teaching about the rule of law, transitional justice and human rights.

INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS, Year 12, Volume 12

INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS, Year 12, Volume 12, 2021

INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS, Year 6, Volume 6

With the sixth edition of the Journal in front of you, we hope to that you will recognize new generation of voices from the field suggesting alternative and critical approaches to contemporary challenges of transitional justice. Just like its first four editions, the Journal will be open for public as it represents the ISSS’ contribution to global efforts in analyzing, understanding and teaching about the rule of law, transitional justice and human rights. You will find essays by REVIEWING THE NARRATIVE OF THE DOUBLE STANDARD EUROPE CONCERNING COLLECTIVE MINORITY RIGHTS BY HELGA MOLBÆK-STEENSIG OPINION 2/13 OF THE CJEU: HOW THE ACCESSION OF THE EU TO THE ECHR ENDED UP BEING A HARDLE RACE WITH AN UNKNOWN POINT OF ARRIVAL BY VASILEIOS I. CHRISTOGIORGOS TRANSITIONAL JUSTICE FOR MALE VICTIMS OF CONFLICT-RELATED SEXUAL AND GENDERBASED VIOLENCE? BY PHILIPP SCHULZ BRIDGING THE GAP BETWEEN LAW AND REALITY: THE ENDURANCE OF OPPRESSIVE CULTURAL NORMS AND THE SILENCING OF SURVIVORS OF DOMESTIC VIOLENCE IN BOSNIA AND HERZEGOVINA BY CLAIRE NEVIN YET ANOTHER GENOCIDE AT EUROPE’S DOORSTEPS? SEXUAL AND GENDER-BASED VIOLENCE AGAINST YAZIDI WOMEN TWENTY YEARS AFTER RWANDA AND BOSNIA AND HERZEGOVINA BY ZUZANA PAVLEKOVA THE INADEQUACY OF THE UN LEGAL SYSTEM REMEDIES FOR GENDER - BASED VIOLENCE AS AN EXAMPLE OF THE INTERNATIONAL RULE OF LAW FAILURE AND THE EUROPEAN JURISPRUDENCE RESPONSE BY OLGA KOSTANIAK ASYLUM SEEKERS FROM ASIA AND AFRICA ON THEIR WAY TO WESTERN EUROPE: POSITION OF SERBIA AND OTHER COUNTRIES IN THE REGION AS TRANSIT STATIONS BY ALDIN ZENOVIĆ SAFE WATERS WITH EUNAVFOR MED? COUNTERING THE SMUGGLING OF MIGRANTS IN THE SOUTH MEDITERRANEAN WITH A MILITARY OPERATION: EUNAVFOR MED AND THE LEGITIMACY OF THE APPLICATION OF THE RIGHT OF HOT PURSUIT? BY GIANNA MERKI THE GERMAN–BRITISH REFORM INITIATIVE FOR BOSNIA AND HERZEGOVINA: A FRESH START OR LOWERING THE STANDARDS OF CONDITIONALITY FOR EUROPEAN UNION MEMBERSHIP? BY FABIAN MÖPERT SHOULD SAIF AL-ISLAM GADDAFI BE TRIED IN LIBYA OR THE HAGUE? TOWARDS A MONITORING MECHANISM THAT RECONCILES THE ICC WITH TRANSITIONAL JUSTICE BY OLIVIA NEDERLANDT THE RIGHT TO KNOW AND THE DEALING WITH THE PAST PROCESS IN CROATIA BY KRISTIAN XAVIER CARRERA KURJENOJA DEALING WITH THE PAST: CONVENTIONAL TRUTH, INCONVENIENT TRUTH OR UNPOPULAR TRUTH ABOUT KOSOVO BY BESARTA PRENGA INDIVIDUAL SAFETY TOGETHER WITH HUMAN RIGHTS, FIRST STEP TOWARDS INTERNATIONAL STABILITY BY ZHIVKA IVANOVA STRIPPING HUMANITY DEHUMANISATION OF VICTIMS AND PERPETRATORS IN GROSS HUMAN RIGHTS VIOLATIONS TESTED IN THE BOSNIAN CASE BY FEDERICA SUSTERSIC

Transitional Justice and the Rule of Law: Lessons from the Field (original) (raw)

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