Peace through Justice? The International Criminal Tribunal for the Former Yugoslavia

Kerr, Rachel

doi:10.1080/14683850701565973

Cited by 33 publications

(5 citation statements)

References 10 publications

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“…During its first years of existence, the ICTY struggled with funding, external support and enforcement of its indictments (see Kerr, 2007 ). As a symbolic institution, it was put forward to signal that crimes committed in Yugoslavia would not go unpunished and that whoever tried to commit similar atrocities, would pay a heavy price.…”

Section: Victims’ Justice and The Statusmentioning

confidence: 99%

The Bosnian Conflict, Its Aftermath and Victims’ Demands

Barton-Hronešová

2020

Memory Politics and Transitional Justice

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This chapter explores the Bosnian war and the post-war political conflicts to set the scene for Bosnian victims’ struggle for redress that forms the rest of the book. It introduces three post-war phases that frame Bosnian politics and victims’ struggle. The first phase from 1995 to 1999 was defined by emergency post-war stabilization when victims started forming their associations and organizing first advocacy campaigns under the wider umbrella of ‘truth and justice’. In the second phase that lasted until approximately 2006 centralization efforts and external state-building dominated local politics. This was also a period when victims sought out international and domestic allies to press for dramatic changes in their redress. In the last phase that followed, a ‘two steps forward, three steps back’ pattern of progress could be observed, accompanied by flawed Europeanization and re-nationalization of politics. Victims’ struggle grew into polarizing movements and inter-group animosities. A key goal became the pursuit of a formal ‘status’, i.e. a legal recognition of a victim group as eligible for material and in-kind support. Just like politics, victims’ struggle started to be dominated by nationalism and hierarchies of suffering. This chapter provides a contextual understanding for the following three empirical chapters.

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Section: Victims’ Justice and The Statusmentioning

confidence: 99%

The Bosnian Conflict, Its Aftermath and Victims’ Demands

Barton-Hronešová

2020

Memory Politics and Transitional Justice

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“…All of those charged have been affiliated with the Kosovo Liberation Army (KLA). Early attempts to investigate Kosovar Albanians were thwarted by the Serbian administration; even in June 1999, when control of Kosovo was already transferred to the United Nations Mission in Kosovo (UNMIK), Serbian officials tried to deny access to the ICTY's Prosecutor (Kerr 2007). UNMIK's control over the region allowed the NATO-led Kosovo Force (KFOR) to arrest two Kosovar Albanians while others surrendered or were arrested by different authorities.…”

Section: Criminal Accountabilitymentioning

confidence: 99%

Justice, Conflict and Wellbeing

Bornstein

Wiener²

2014

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“…Articles testing this proposition once the Dayton Peace Agreement for BiH had starting to be implemented argued for the UN to prioritise 'peace over justice' (Bratt 1997), framed it as a question of 'peace versus justice?' (Schuett 1997), or argued that the European Union had followed a route to 'peace through justice' (Kerr 2007) in expecting post-Yugoslav accession candidates to cooperate with the ICTY. Martha Minow contrasted the poles of 'vengeance and forgiveness' (retributive justice on one hand, and social reconciliation on the other) in her study of how societies had responded to genocide and mass violence in the 20th century (Minow 2000).…”

Section: Introductionmentioning

confidence: 99%

Mapping the nexus of transitional justice and peacebuilding

Baker¹,

Obradović-Wochnik

2019

Handbook on Intervention and Statebuilding

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This paper explores the convergences and divergence between transitional justice and peacebuilding, by considering some of the recent developments in scholarship and practice. We examine the notion of 'peace' in transitional justice and the idea of 'justice' in peacebuilding. We highlight that transitional justice and peacebuilding often engage with similar or related ideas, though the scholarship on in each field has developed, largely, in parallel to each other, and often without any significant engagement between the fields of inquiry. We also note that both fields share other commonalities, insofar as they often neglect questions of capital (political, social, economic) and at times, gender. We suggest that trying to locate the nexus in the first place draws attention to where peace and justice have actually got to be produced in order for there not to be conflict and violence. This in turn demonstrates that locally, 'peace' and 'justice' do not always look like the 'peace' and 'justice' drawn up by international donors and peacebuilders; and, despite the 'turn to the local' in international relations, it is surprising just how many local and everyday dynamics are (dis)missed as sources of peace and justice, or potential avenues of addressing the past. Sharp (2013b) notes, around this time, transitional justice emerged out of the peripheries of international politics and became mainstream. The hope amongst international actors intervening in post-conflict spaces, was that transitional justice would help remove perpetrators from the political life, and that the recognition of victims would lead to less grievance in the future, thus preventing another cycle of conflict. However, as this special issue discusses, the relationship between transitional justice and peacebuilding is not only contentious and non-linear, but often, also neglected by scholars of both fields. Transitional justice and peacebuilding are deeply intertwined, both practically and discursively, but the amount of literature connecting these two scholarships and practices is relatively low. Even though Rama Mani called attention to 'the nexus between rebuilding peace and restoring justice' as early as 2002 (Mani 2002: 4), the overlaps between the two fields have been neglected. Furthermore, as Sharp (2013a:195 notes, 'remarkably' similar critiques have been raised against both transitional justice and peacebuilding, even though these fields have 'historically proceeded on separate tracks'. These observations are some of the starting points of discussions raised by this special issue. This introduction first outlines the key literature in both fields, locating 'peace' in transitional justice and 'transitional justice' in peacebuilding, before discussing the implications and outlining the contributions of the papers in this volume. Where is peace in transitional justice? 'Peacebuilding' and 'transitional justice', like any other analytical concepts, exist because institutions and scholars have constructed them as objects that can be known about. T...

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Peace through Justice? The International Criminal Tribunal for the Former Yugoslavia

Cited by 33 publications

References 10 publications

The Bosnian Conflict, Its Aftermath and Victims’ Demands

The Bosnian Conflict, Its Aftermath and Victims’ Demands

Justice, Conflict and Wellbeing

Mapping the nexus of transitional justice and peacebuilding

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