The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina

Clark, Janine Natalya

doi:10.1093/jicj/mqp041

Cited by 70 publications

(25 citation statements)

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“…The biased reporting of the local media on the ICTY cases has further contributed to this ethnic interpretation of justice, as has the media focus on the perpetrators and not the victims of violence (Ahmetašević and Matić 2014). Scholarly consensus on ethnic perceptions of justice in the Western Balkans is overwhelming and supported by years of survey research (Stover and Weinstein 2004;Saxon 2005;Arzt 2006;Hagan and Ivković 2006;Orentlicher 2008;Clark 2009;Orentlicher 2010).…”

Section: International Transitional Justice In the Western Balkansmentioning

confidence: 99%

Truth, justice, and reconciliation on the ground: normative divergence in the Western Balkans

Subotić

2015

J Int Relat Dev

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The article contributes to the 'second wave' norm diffusion literature by offering a new theoretical lens through which to explain unexpected policy outcomes of international normative interventions. Specifically, the article aims to challenge the international norms scholarship by questioning what power international norms actually have in domestic politics of adopting states. To answer this question I analyse the process of diffusion, contestation, and localisation of transitional justice norms -ways of dealing with legacies of past violence -in the Western Balkans. I choose three principal transitional justice concepts -truth, justice, and reconciliation -and analyse how their local meaning in the Western Balkans diverged normatively from that of international transitional justice advocates, and to what political effect. I trace the processes of normative divergence of international transitional justice norms to demonstrate how the domestic understanding of international norms produced new meanings and practices and fundamentally challenged the principal assumptions behind the global governance of post-conflict reconstruction.

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Section: International Transitional Justice In the Western Balkansmentioning

confidence: 99%

Truth, justice, and reconciliation on the ground: normative divergence in the Western Balkans

Subotić

2015

J Int Relat Dev

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“…22. This ethnicisation of memory and truth can be similarly observed in post-war BiH, where Bosnian Muslims, Bosnian Serbs and Bosnian Croats alike all have their own 'truths', according to which their particular ethnic group was the principal victim and was simply defending itself (Clark 2009c;2009d). For Lambourne, therefore, 'The word ''truth'' is.…”

Section: Resultsmentioning

confidence: 78%

“…The NURC, which represents an original concept that could perhaps be adapted to other post-conflict societies, for example BiH, where the limitations of retributive justice are very apparent (Clark 2009c), has an important role to play in post-genocide Rwanda and has the potential to make a significant contribution to the reconciliation process. At the same time, however, the NURC is the manifestation of a fundamentally flawed approach that must be addressed.…”

Section: Resultsmentioning

confidence: 99%

“…This author's previous research has focused heavily on the relationship between retributive justice and reconciliation, using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a case study (Clark 2008a;Clark 2009a;Clark 2009b;Clark 2009c;Clark 2009d). Specifically, it has sought to empirically test recurrent claims that criminal trials contribute to reconciliation (Bassiouni 1996;Kritz 1996;Akhavan 1997Akhavan , 1998Cassese 1998aCassese , 1998bMoghalu 2004), both in order to bridge a critical 'impact gap' in the transitional justice literature and to establish whether it is in fact realistic to expect complex judicial bodies like the ICTY and ICTR to foster reconciliation.…”

Section: The Creation Of Rwanda's Nurcmentioning

confidence: 99%

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National unity and reconciliation in Rwanda: A flawed approach?

Clark

2010

Journal of Contemporary African Studies

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This article examines the Rwandan government's national unity and reconciliation policy and one of its key elements, the National Unity and Reconciliation Commission (NURC). It contends that while the NURC potentially represents an innovative model that other post-conflict societies could adapt and use, the central premise on which both the commission and the government's broader national unity and reconciliation policy are based is critically flawed. The unity that they are endeavouring to achieve, as a vehicle for reconciliation, relies upon a negation of ethnicity Á a core component of the 1994 genocide Á and hence does not allow for an open and honest engagement with the past. The problem is further compounded by the government's attitude towards the prosecution of crimes committed by the Rwandan Patriotic Front (RPF), which not only demonstrates that ethnicity remains highly significant but also underscores the incomplete and partial way in which the past is being addressed.

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“…As to the mechanisms of political accommodation some commentators [15,76] suggest the usefulness of the restorative justice approach used in the South African…”

mentioning

confidence: 99%

Left Realism, community and state-building

Lea

2010

Crime Law Soc Change

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The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina

Cited by 70 publications

References 0 publications

Truth, justice, and reconciliation on the ground: normative divergence in the Western Balkans

Truth, justice, and reconciliation on the ground: normative divergence in the Western Balkans

National unity and reconciliation in Rwanda: A flawed approach?

Left Realism, community and state-building

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