Abstract
This paper examines the importance of reconciliation in post-conflict state-building. We argue that while the economic and political aspects are vital components of the state-building tool-kit, states can hardly be reconstructed without the support of the society. Individuals and communities are central to the re-establishment of peace and democracy. We will conduct a case study analysis focusing on Bosnia and Herzegovina (hereinafter Bosnia). After more than 10 years of international supervision, Bosnia remains fragmented by ethnic tension, and continues to need the guidance of the United Nation’s Office of the High Representative and European Union Special Representative. The Dayton Accord provided little direction for how to proceed with reconciliation beyond a state-centered peace-agreement and constitution. This study suggests that the peacebuilding process that has taken place in Bosnia over the past decade has been unable to foster reconciliation and re-create social trust, two necessary elements for ensuring lasting peace in the aftermath of conflict.
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Notes
The Peace Implementation Council comprises 55 countries and agencies that support the peace process in Bosnia. The OHR is responsible for overseeing implementation of civilian aspects of the Dayton accord.
Over the last few years, the international community has recognized the need to establish a permanent court in Bosnia to replace the role of the ICTY. By the end of 2004, the Bosnian parliament had successfully negotiated the set of laws which established the War Crimes Chamber. However, early reports suggest that the Chamber lacks a “clear strategic approach” (ICTJ). The International Center for Transitional Justice further warns that the court “risks being overwhelmed by its caseload and undermined by perceptions of ethnic bias” (ICTJ). Donlon points out that the Chamber was established out of a desire to close down the ICTY and not the outcome of any “long-term strategic plan to prosecute war crimes cases in Bosnia” (Donlon). We suggest that this only confirms the need for an increased focus on community-driven programs to accompany the liberal legal response (Donlon 2008; 281; International Center for Transitional Justice 2008).
References
Akhavan, Payam. “Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?” American Journal of International Law 95, no. 1 (2001): 7-31.
Assefa, Hizkias. “The Meaning of Reconciliation People Building Peace,” European Platform for Conflict Prevention and Transformation, available from http://www.gppac.net/documents/pbp/part1/2_reconc.htm. (accessed April 22, 2006)
Ball, Howard. War Crimes and Justice: A Reference Handbook, Santa Barbara: ABC- CLIO, Inc., 2002
Bieber, Florian. “Aid Dependency in Bosnian Politics and Civil Society: Failures and Successes of Post-war Peacebuilding in Bosnia-Herzegovina.” Croatian International Relations Review 8, no. 26/27 (2002): 25-30.
Bieber, Florian. “Institutionalizing Ethnicity in the Western Balkans. Managing Change in Deeply Divided Societies.” ECMI Working Paper, No. 19 (2004): 1-28.
Boyd, Charles “Making Peace with the Guilty.” Foreign Affairs 74, no.5 (1995): 22-38.
Busumtwi-Sam, James. “Sustainable Peace and Development in Africa.” Studies in Comparative International Development 37, no. 3 (2002): 91-118.
Carothers, Thomas and William Barndt. “Civil Society.” Foreign Policy. no, 117, (Winter 1999/2000): 18-24 +26-29.
Cox, Marcus. “Building Democracy from the Outside: The Dayton Agreement in Bosnia and Herzegovina.” In Can Democracy Be Designed: The Politics of Institutional Choice in Conflict-torn Societies, edited by Sunil Bastian and Robin Luckham, 253-267. London: Zed Books, 2003.
Donlon, Fidelma. “Rule of Law : Form the International Criminal Tribunal for the Former Yugoslavia to the War Crimes Chamber of Bosnia and Herzegovina,” in Deconstructing the Reconstruction : Human Rights and Rule of Law in Postwar Bosnia and Herzegovina edited by Dina Franscesca Haynes,257-284. Aldershot : Ashgate, 2008.
Drumbl, Mark. Atrocity, Punishment, and International Law. New York: Cambridge University Press, 2007.
du Pont, Yannick. “Bosnia and Herzegovina: Trying to Keep the Country Together.” In Searching for Peace in Europe and Eurasia: An Overview of Conflict Prevention and Peacebuilding Activities, edited by Paul van Tongeren, Hans van de Veen, and Juliette Verhoeven, 232-247. Boulder: Lynne Rienner Publishers, 2002.
Dwyer, Suzanne. “Reconciliation for Realists.” Ethics and International Affairs 13 (1999):81-98.
Faulkner, Frank. “Kindergarten Killers: Morality, Murder & the Child Soldier Problem.” Third World Quarterly 22, no.4 (2001): 491-504.
Fischer, Martina. Confronting the Past and Involving War Veterans for Peace. Activities by the Centre for Nonviolent Action, Sarajevo/Belgrade. In Peacebuilding and Civil Society in Bosnia-Herzegovina. Ten Years after Dayton, edited by Martina Fischer 387-440. Münster: Lit Verlag, 2006.
Fletcher, Laurel E. and Harvey M. Weinstein, “A world unto itself? The application of international justice in the Former Yugoslavia.” In My Neighbour, My Enemy: Justice and Community in the Aftermath of Mass Atrocity, edited by Eric Stover and Harvey M. Weinstein, 29-48. Cambridge: Cambridge University Press, 2004.
Fletcher, Laurel E. and Harvey M. Weinsten. “Violence and Social Repair: Rethinking the Contribution of Justice to Reconciliation” Human Rights Quarterly 24, no.3 (2002): 573-639.
Gagnon Jr., V.P. “International NGOs in Bosnia-Herzegovina: Attempting to Build Civil Society.” In The Power and Limits of NGOs, edited by Sarah E. Mendelson and John K. Glenn, 207-231. New York: Columbia University Press, 2002.
Govier, Trudy. Taking Wrongs Seriously: Acknowledgement, Reconciliation, and the Politics of Sustainable Peace, (Amherst: Humanity Books, 2006).
Guzina, Dejan. "Dilemmas of Nation-building and Citizenship in Dayton Bosnia," National Identities 9, no. 3 (2007): 217-234.
Hesse, Carla and Robert Post, “Introduction,” in Human Rights in Political Transitions: Gettysburg to Bosnia, edited by Carla Hesse and Robert Post, 13-38. New York: Zone Books, 1999.
International Center for Transitional Justice, “ICTJ warns Bosnian War Crimes Chamber's early success at risk.” ICTJ.org, 15 October 2008 http://www.ictj.org/en/news/coverage/article/2060.html (accessed 01 April 2009).
Jeong, Ho-wong. Peacebuilding in post conflict societies: strategy and processes. Boulder: Lynne Rienner Publisher, 2005.
Kerr, Rachel. “The Road from Dayton to Brussels? The International Criminal Tribunal for the Former Yugoslavia and the Politics of War Crimes in Bosnia,” European Security 14, no. 3 (2005): 319-337.
Lederach, Jean Paul. Building Peace: Sustainable Reconciliation in Divided Societies. Washington: United States Institute of Peace Press, 1997.
Loza, Tihomir. “Shades of Yugoslavia.” Tol.cz, 25 September 2007, http://www.tol.cz/look/TOL/article.tpl?IdLanguage=1&IdPublication=4&NrArticle=19016&NrIssue=237&NrSection=2 (accessed 27 November 2007).
McMahon, Patrice. “Rebuilding Bosnia: A Model to Emulate or to Avoid?” Political Science Quarterly 119, no. 4, ( 2004/2005): 569-593.
Meernik, James. “Justice and Peace? How the International Criminal Tribunal Affects Societal Peace in Bosnia,” Journal of Peace Research 42, no. 3 (2005): 271-289.
Mendelson, Sarah E. And John K. Glenn. “Introduction: Transnational Networks and NGOs in Postcommunist Societies.” In The Power and Limits of NGOs : a critical look at building democracy in Eastern Europe and Eurasia, edited by Sarah E. Mendelson and John K. Glenn, 1-28. New York: Columbia University Press, 2002.
Minow, Martha. Between Vengeance and Forgiveness. Boston: Beacon Press, 1998.
Neier, Aryeh. War Crimes: Brutality, Genocide, Terror, and the Struggle for Justice. New York: Times Books, 1998.
Pajic, Zoran. “Statehood at a Crossroads.” Tol.cz, February 10, 2006, http://www.tol.cz/look/TOL/article.tpl?IdLanguage=1&IdPublication=4&NrIssue=153&NrSection=2&NrArticle=15812&search=search&SearchKeywords=Pajic&SearchMode=on&SearchLevel=0 (accessed December 1, 2007).
Pankhurst, Donna. “Issues of Justice and Reconciliation in Complex Political Emergencies: Conceptualising Reconciliation, Justice and Peace.” Third World Quarterly 20, no.1 (1999): 239-255.
Paris, Roland. At War’s End: Building Peace after Civil Conflict. Cambridge: Cambridge University Press, 2004.
Pickering, Paula M. “Generating Social Capital for Bridging Ethnic Divisions in the Balkans: Case Studies of Two Bosniak Cities.” Ethnic and Racial Studies 29, no. 1 (2006): 79-103.
Quigley, Kevin F. F. “Lofty Goals, Modest Result: Assisting Civil Society in Eastern Europe.” In Funding Virtue edited by Martina Ottaway and Thomas Carothers, 191-216. Washington: Carnegie Endowment for International Peace, 2000.
Rupesinghe, Kumar. Civil wars and civil peace: An introduction to conflict resolution. London: Pluto Press, 1998.
Saunders, Harold. A Public Peace Process: Sustained Dialogue to Transform Racial and Ethnic Conflict. New York: Palgrave, 1999, xvii.
Sejfija, Ismet. “From the ‘Civil Sector’ to Civil Society?” In Peacebuilding and Civil Society in Bosnia-Herzegovina: Ten Years after Dayton ed. Martina Fischer, 125-140, Munster: Lit-Verlag, 2006.
Snyder, Jack and Leslie Vinjamuri, “Trials and Errors: Principle and Pragmatism in Strategies of International Justice,” International Security 28, no. 3 (2003/4): 5-44.
Taylor, Charles. “Civil Society in the Western Tradition,” in The Notion of Tolerance and Human Rights edited by Ethel Groffier and Michel Paradis, 117-136. Ottawa: Carleton University Press, 1991.
Teitel, Ruti. “Bringing the Messiah Through the Law.” In Human Rights in Political Transitions: Gettysburg to Bosnia edited by Carla Hesse & Robert Post, 177-194. New York: Zone Books, 1999.
Vukosavljevic, Nenad. “Training for Peacebuilding and Conflict Transformation. Experiences of the “Centre for Nonviolent Action” in the Western Balkans.” Berghof Research Centre for Constructive Conflict Management available from http://www.berghof-handbook.net (accessed April 5, 2008).
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Hoogenboom, D.A., Vieille, S. Rebuilding Social Fabric in Failed States: Examining Transitional Justice in Bosnia. Hum Rights Rev 11, 183–198 (2010). https://doi.org/10.1007/s12142-009-0129-z
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DOI: https://doi.org/10.1007/s12142-009-0129-z