The Elusive Reconciliation In The Former Yugoslavia

The aim of this dissertation is to gain insight into the role and meaning of reconciliation in the post-conflict communities of former Yugoslavia. The study is designed to create an understanding of reconciliation grounded on insights from ordinary people as well as those working on reconciliation-related activities. The approach is explicitly interdisciplinary; it builds upon thinking in the fields of philosophy, political science, sociology, anthropology, and peace and conflict studies. While much has been written on the meaning of reconciliation in post-conflict societies, how people in former Yugoslavia conceive of reconciliation, what it means to them, what are their motivations for reconciliation and reasons for resistance, as well as what benefits reconciliation can bring, are under-explored and thus represent a gap in the literature on reconciliation in former Yugoslavia. My study relies on insights gained through field research I conducted in the region from 2005 through 2009. My methodology includes: 1) 160 semi-structured interviews among ordinary people and members of civil society working on reconciliation-related activities; 2) participant observation in activities aimed at reconciliation, tolerance, dialogue, inter-ethnic exchange and dealing with the past; 3) analysis of public discourse on reconciliation and dealing with the past. My findings reveal a number of challenges and opportunities. The results show: a) ordinary people have mixed views on what reconciliation entails and what benefits it can bring; b) motivations for reconciliation and reasons for resistance are complex and multifaceted; c) public discourse is deeply polarizing; d) civil society serves as the backbone of reconciliation efforts while government plays a muted role; e) reconciliation efforts are disconnected and uncoordinated; and f) results are difficult to measure. Just as reconciliation involves complex, multifaceted processes, the underlying factors that motivate people to support such processes are also complex and multifaceted. Those in favor of reconciliation reveal a range of motivations, just as those who resist it. My recommendation is for reconciliation programs in former Yugoslavia to be built upon these motivations, not in isolation of them, and for results to be measured using an incremental or scaled approach based on milestones, rather than all or nothing criteria.

Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.

This volume considers a variety of key issues pertaining to the rights of defendants and victims at International Criminal Courts (ICTs) and explores how best to balance and enhance the rights of both in order to ensure the effectiveness and efficiency of international criminal proceedings. The rights of victims are becoming an increasingly important issue at ICTs. Yet, at the same time, this has to be achieved without having a detrimental impact upon on the rights of the defence and the efficiency of the courts. This book provides analyses of issues on the rights of both the accused and the victims. By discussing matters concerning these two pivotal actors in international criminal justice within the same volume, the work highlights that there are intrinsic and intense conflicting and converging relationships between victims and the accused, particularly in terms of their rights. While most of the chapters focus mainly on either the accused or the victims, others discuss both at the same time. The work strikes a fine balance between, on the one hand, classic topics on the rights of the accused and the rights of the victims and, on the other, topics which have been largely unexplored and/or which require new angles or perspectives. Additionally, there are some chapters which approach both the rights of the accused and the rights of the victims in new contexts and/or under novel perspectives. The book as a whole provides a discussion of the two sides of this important coin of international criminal justice. The work will be an essential resource for academics, practitioners and students with an interest in the field of international criminal law. It will also be of interest to human rights scholars who are working with the rights of victims and the accused.

Even if all of the elements we know to be significant in the process of reconciliation were present, reconciliation would not necessarily take place. Reconciliation is a nonlinear, nonalgorithmic process that involves “matters of the heart.” From emergent creativity and its links to mysticism, to the evolution of emotions as drivers of thought, Awakening weaves cutting-edge discoveries in complexity theory with philosophical reflections on consciousness and language, drawing on Lonergan and Wittgenstein. Awakening as a phenomenon takes on a vibrant vitality as an aspect of transpersonal psychology and it manifests as imperatives to take responsibility for our relationships, to address complex challenges of justice, and to adopt a heart-based approach to peacebuilding.

In May 1993 the United Nations Security Council founded the International Criminal Tribunal for the former Yugoslavia (ICTY). Based in the Hague, Netherlands, the ICTY was formed with the objective of prosecuting those who had committed war crimes, crimes against humanity and genocide in Bosnia and Herzegovina and elsewhere in the former Yugoslavia during the early to mid-90s. During its mandate (1993-2017), the tribunal heard many cases and tried numerous perpetrators, from those who carried out the killings to those who orchestrated and ordered them. In spite of its accomplishments, the ICTY is considered to be highly controversial. It is debated if the ICTY did enough to foster healing and reconciliation in many of the conflict-torn societies. Many scholars argue that the tribunal operated adequately within their mandate and sought to promote justice and reconciliation, however, those who lived through the brutal wars would argue that there has simply been no justice. Importantly, Bosnia and Herzegovina still remains a country divided by issues of post-conflict justice, among other things. In 2010 a government-led strategic plan emerged that was intended to deal with the unfinished “business” of justice and promote reconciliation throughout the country. However, it failed to do this, and there is currently no political will or momentum to revive it. But, was this strategy doomed to failure from the beginning? In the form of a quantitative study, this book examines the possibility of reconciliation being achieved in Bosnia and Herzegovina through the methods fostered by the strategy. Focusing on three major cities, Sarajevo, Mostar, and Banja Luka, Dr. Jared Bell surveyed nearly 500 people in order to shed light on the subject of the national transitional justice strategy and reconciliation from the perspective of the everyday populace.

Reconciliation by Stealth advances a novel approach to evaluating the effects of transitional justice in postconflict societies. Through her examination of the Balkan conflicts, Denisa Kostovicova asks what happens when former adversaries discuss legacies of violence and atrocity, and whether it is possible to do so without further deepening animosities. Reconciliation by Stealth shifts our attention from what people say about war crimes, to how they deliberate past wrongs. Bringing together theories of democratic deliberation and peacebuilding, Kostovicova demonstrates how people from opposing ethnic groups reconcile through reasoned, respectful, and empathetic deliberation about a difficult legacy. She finds that expression of ethnic difference plays a role in good-quality deliberation across ethnic lines, while revealed intraethnic divisions help deliberators expand moral horizons previously narrowed by conflict. In the process, people forge bonds of solidarity and offset divisive identity politics that bears upon their deliberations. Reconciliation by Stealth shows us the importance of theoretical and methodological innovation in capturing how transitional justice can promote reconciliation, and points to the untapped potential of deliberative problem-solving to repair relationships fractured by conflict. Thanks to generous funding from the London School of Economic and Political Science, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

The aftermath of modern conflicts, deeply rooted in political, economic and social structures, leaves pervasive and often recurring legacies of violence. Addressing past injustice is therefore fundamental not only for societal well-being and peace, but also for future conflict prevention. In recent years, truth and reconciliation commissions have become important but contentious mechanisms for conflict resolution and reconciliation. This book fills a significant gap, examining the importance of context within transitional justice and peace-building. It lays out long-term and often unexpected indirect effects of formal and informal justice processes. Offering a novel conceptual understanding of 'procedural reconciliation' on the societal level, it features an in-depth study of commissions in Peru and Sierra Leone, providing a critical analysis of the contribution and challenges facing transitional justice in post-conflict societies. It will be of interest to scholars and students of comparative politics, international relations, human rights and conflict studies.