Democratic Oversight in Fragile States: The Case of Intelligence Reform in Bosnia and Herzegovina

In most transition countries the main aim of ‘democratizing intelligence’ is to weaken the authoritarian governmental structures by introducing more transparency, legality and oversight. In Bosnia and Herzegovina however, the state-building efforts driven by international parties combined formal democratization processes such as independent oversight with the strengthening and operational capacity building of previously weak-to-non-existent intelligence structures. In parallel with the descent into war when Yugoslavia collapsed in the early 1990s, the State Security Service (SDB) in the Republic of Bosnia had split into three ethnically-based outfits answering to the political and military leaders of war. ‘Democratization’ of intelligence in Bosnia and Herzegovina since the establishment of a unified, state-level Intelligence and Security Agency (OSA) in 2004 has followed its own unique path reflecting the fragmented nature of politics in Bosnia and the leading role of international organizations in proposing and effectuating institutional reforms. Nevertheless, in terms of habits, operational methods and values many Bosnian intelligence officers went through similar adaptations and transitions as their colleagues in countries where institutions at the time of democratic transition were too strong and authoritarian rather than, as in the case of Bosnia, being deemed too weak and ineffectual.     

Rebuilding Social Fabric in Failed States: Examining Transitional Justice in Bosnia

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.     

Deconstructing Dayton: Ethnic Politics and the Legacy of War in Bosnia and Herzegovina

Twenty years after the signing of the Dayton Peace Agreement (DPA) which brought the conflict in Bosnia and Herzegovina (BiH) to an end, the dysfunctional nature of the Bosnian state means that the question of how political actors in BiH engage with the DPA as a response to the war remains vitally important. This article argues that moving beyond the ethnicization of politics in BiH enacted by the DPA can be achieved by challenging the understandings of the war which inform the DPA while simultaneously challenging the effects of these understandings in the present. By advancing what I term a ‘deconstructive conclusion’ of the DPA, this article demonstrates the practical utility of Jacques Derrida’s thought for engaging with the legacy of war in BiH.     

Security Provision after Regime Change: Local Militias and Political Entities in Post-Qaddafi Tripoli

This paper discusses the way the newly formed political entities and the local militias engage in statebuilding practices during Libya's transitional period of 2011–12. Focusing on the encounters between these actors in the security field, it provides insight into the capacity and strategy of national actors to build state structures and to develop the political arrangements that they deem necessary. It does so by identifying the key actors involved, as well as the interactions between them and the constantly evolving relations of control, power and authority. It shows how actors in the security field engage with each other in their efforts to expand and to institutionalize networks and influence, and the competition and alignments with other security actors that are active in the transitional phase and thereafter.     

Might Makes Right: War-Related Payments in Bosnia and Herzegovina

ABSTRACT

This article explores the patterns of distribution of material reparations (compensation) for victims and veterans in post-1995 Bosnia and Herzegovina. Drawing on bottom-up approaches to reparative justice and critical peacebuilding, it explains the existing material reparation schemes in Bosnia as outcomes of the post-war transition and interests of the main transitional actors. It first explores the different approaches to war-related compensation for victim and veteran groups and then demonstrates that veterans have formed powerful pressure groups, drawing on extensive political and economic resources. Their organizations have been receiving socioeconomic support in exchange for electoral endorsement and public political support. As victims are fragmented ethno-nationally, by categories, and also lack capacities, their means to leverage the authorities for change are limited, even when matched with NGO and international support. This paper argues that unless material reparation is distributed in a transparent and consistent manner, it may create additional social cleavages and tensions.     

When Do Voters Support the European Union’s Involvement in Gay Rights?

Commitment to the European Union’s gay rights standards remains weak in new EU members and countries applying for EU membership. If the EU’s standards have minimal consequences, then when do voters support the EU’s involvement in gay rights? The existing research misses a comparison of opinions between those who identify with gay people, and those who do not. Sexuality-based marginalization carried out by state institutions (political homophobia) motivates those who identify with gay people to support alternatives to their state’s authority. Using an original survey of Bosnia and Herzegovina, I find that those who identify more closely with gay people are more likely to support transferring control of gay rights to the EU. Using twenty-one surveys of EU member states, I find that in countries with high levels of political homophobia, those who report discrimination on the basis of sexuality exhibit higher levels of support for the EU.     

Transitional Justice and ‘National Ownership’: An Assessment of the Institutional Development of the War Crimes Chamber of Bosnia and Herzegovina

In anticipation of its closure in 2014, the International Criminal Tribunal for the former Yugoslavia has begun to set out proposals for preserving and promoting its legacy of prosecuting persons responsible for violations of humanitarian law during the conflicts of the 1990s. A key aspect of this legacy has been to support the ‘national ownership’ of the justice systems in the former Yugoslavia that will continue to try war crimes cases in the years to come. This study explores the institutional development of the War Crimes Chamber of the Court of Bosnia and Herzegovina (WCC) to national ownership. In particular, it considers three critical aspects of the WCC's functioning that highlight the challenges that it faces as a mechanism of transitional justice in Bosnia and Herzegovina (BiH). These are the composition of prosecutors and judges, prosecutorial practices and outreach and communication activities. The article shows that the continued difficulties with these areas of legal practice figure as significant obstacles to the WCC's transition to full national ownership by both the legal professionals and local populace of BiH.     

Cartographies of Transformation in Mostar and Cape Town: Mapping as a Methodology in Divided Cities

ABSTRACT

All cities, as heterogenous spaces, are divided. However, conflict, in various forms can create cities which are monikered as ‘divided cities’. The divisions in these cities involve the segregation of communities and entrenchment of social and political divides. Through case studies situated in the spatially divided cities of Mostar, Bosnia and Herzegovina, and Cape Town, South Africa, this article demonstrates local resistance to top-down divisions. Theoretically and methodologically, this article contributes an understanding of mapping as a methodology which can materialise the spatial agency of local actors and can contribute to more inclusive memory work and reconstruction.     

Statebuilding in Divided Societies: The Reform of Dayton in Bosnia and Herzegovina

Abstract

Drawing from the literature on conflict regulation and other plural society theories, this paper provides a framework of analysis to explore the dynamics involved in the external statebuilding process in Bosnia and Herzegovina (BiH). The analysis is based on a three-level framework whereby patterns of conflict regulation are analyzed at the inter- and intra-ethnic levels, as well as what this article terms the ‘supra-national’ ethnic level, where interactions between domestic and external actors are considered. In order to explore these issues empirically, this paper examines the process of constitutional reform in BiH over the course of 2005–6, drawing from personal interviews. The paper concludes that, while the assistance provided by external actors has proven substantial, the neglect of intra-ethnic dynamics and other related considerations have often rendered external actors’ efforts at shaping the statebuilding process in BiH ineffective.     

Sub-state diplomacy: Understanding the international opportunity structures

Developing explanations for how sub-state governments are active internationally is central to understanding their unexpected growth as international actors. Building upon Lecours’ work [2002, Paradiplomacy: reflections on the foreign policy and international relations of regions, International Negotiation, Vol.7, pp.91–114], this article develops an expanded historical institutionalist analysis of the international agency of sub-state governments. Its original empirical contribution is utilizing this approach to examine within case variation across four contrasting policy domains in a case study of Wales. Reflecting the European Union sub-state mobilization literature, levels of constitutional powers are constrained in their capacity to account for Welsh sub-state international agency. Instead, the article highlights strong variation in the opportunity structures shaping sub-state diplomacy across policy domains. The article argues that institutional continuity and change, the prevalence of ‘path dependence’, can differ significantly between policy domains in sub-state diplomacy, argues for an expanded multi-level framework recognizing the impact of non-governmental organizations and international institutional opportunity structures and confirms historical institutionalism’s ability to enrich understanding of agency-structure relationships.     

The use of intelligence by insurgent groups: the North Vietnamese in the Second Indochina War as a case study

The need to define intelligence is understandable because the secrecy surrounding it can almost make it appear too amorphous to study. In most definitions, the authors not only attempt to define what intelligence is but also who does it. Until recently the focus has been on the state with occasional focus on sub-state actors such as law enforcement agencies. After 9/11 there was a shift from the study of inter-state intelligence to the use of intelligence against non-state actors such as Al Qaeda. The literature still treated these non-state actors as something to be acted upon rather than intelligence actors in their own right. By examining the North Vietnamese use of intelligence during the Second Indochina War this article takes a step to redress that oversight. This article will discuss the North Vietnamese use of intelligence in the context of definitions of intelligence and intelligence actors and will use John Gentry’s proposed model of violent non-state actor intelligence as its analytical framework.     

A mirror of the ethnic divide: Interest group pillarization and elite dominance in Bosnia and Herzegovina

To date, there is no comprehensive treatment of interests and interest groups in Bosnia and Herzegovina (BiH). This article seeks to fill that gap. It does so by explaining that interest groups reflect the country's complex political system with multiple levels of power sharing along societal cleavages. Political parties are the major power centers, and the link between ethnicity and party allegiance is most significant in defining the role of interest groups. The result is a pillarized (separate, intragroup) and bifurcated group system with 3 separate interest group subsystems with little interchange between them. This fragmentation has been challenged by international institutional organizations promoting multiethnic interests. Nevertheless, with the persistence of many informal interests, the group system is stymied in moving toward an integrated system, a development that is key to strengthening BiH's consociational democracy.     

Gendered Justice Gaps in Bosnia–Herzegovina

A gendered reading of the liberal peacebuilding and transitional justice project in Bosnia–Herzegovina raises critical questions concerning the quality of the peace one hopes to achieve in transitional societies. By focusing on three-gendered justice gaps—the accountability, acknowledgement, and reparations gaps—this article examines structural constraints for women to engage in shaping and implementing transitional justice, and unmasks transitional justice as a site for the long-term construction of the gendered post-conflict order. Thus, the gendered dynamics of peacebuilding and transitional justice have produced a post-conflict order characterized by gendered peace and justice gaps. Yet, we conclude that women are doing justice within the Bosnian–Herzegovina transitional justice project, and that their presence and participation is complex, multilayered, and constrained yet critical.     

Economic cooperation in Northeast Asia: The proposed Tumen River scheme

Abstract

This paper examines a relatively unexplored aspect of the Russo-Japanese territorial dispute: the involvement of subnational actors. It focuses in particular on the sustained campaign of domestic lobbying and paradiplomacy by elites from the Far East region of Sakhalin aimed at preventing the Russian central government from transferring the South Kuril Islands/Northern Territories to Japan during the 1990s. It explores the various responses to the ‘Sakhalin factor’ from federal authorities in Russia, as well as private and public bodies in Japan, highlighting the subsequent localization and pluralization of diplomatic channels. The paper also considers why the ‘Sakhalin factor’ became so prominent, pointing to a synergy of factors that include the high-profile anti-concessionary campaigns of the Sakhalin political elite, the fallout from Russia's troubled attempts at state building and a possible convergence of interests between Boris Yeltsin and regional authorities. The paper concludes with an analysis of how Vladimir Putin's federal reforms, launched in 2000, have diminished Sakhalin's authority over the South Kuril Islands.     

Diversifying Local Government Revenue in Bosnia-Herzegovina Through an Area-Based Property Tax

After a bitter and devastating war, Bosnia and Herzegovina is making slow but steady progress rebuilding its economy and government structure. As normalcy returns, the demand for government services invariably will continue to increase, especially at the sub-entity levels of government. Unfortunately, the current fiscal structure severely restricts the resources available to local governments. This article suggests that Bosnia and Herzegovina consider adopting a property tax as a means to provide much- needed revenue. After describing the current governmental and fiscal system that has evolved since the signing of the Dayton Accords, the authors discuss why an area-based property tax, rather than a more traditional property tax based on capital value or market prices, makes sense for this country in transition.     

International Transitional Administrations and the Politics of Authority Building

This article critically examines authority-building practices of international transitional administrations (ITAs) engaged in statebuilding, and evaluates authority building as a framework for understanding the practices of statebuilding operations. It argues that war-torn states rarely lack actors claiming authority, but that these claims are often competing and mutually exclusive, and frequently not widely recognized. Building authority, therefore, requires ITAs to choose between different actors, recognizing the authority claims of some and withholding recognition from others, seeking ways to strengthen their ability to justify their authority claims vis-à-vis domestic and international audiences. Through authority-building practices, external actors directly become part of the political competition and dynamics of war-affected societies. The discussion of authority building by ITAs proceeds in three steps. The first section outlines the concept of political authority, in particular in the context of fragile states and of ITAs, and discusses relevant methodological issues. The second section then examines three distinct aspects of authority building by ITAs: claiming and justifying their own authority, recognizing and validating the authority claims of local actors, and strengthening the capacity of local actors to justify their authority claims. The final section concludes the paper with some reflections on political authority and authority building.     

The Authority–Identity Relation: Symbolic References and Interpretative Authority in Postwar Kosovo

In postwar Kosovo, international and Kosovar political actors claiming authority in the democratization and statebuilding process lacked a long-standing ‘authoritative relation’ with each other and the citizenry. To analyse the structural conditions for the emergence of political authority, the article suggests applying the analytical framework of ‘interpretative authority’, which captures the relational character and simultaneity of authority generation by international and Kosovar actors. Given that Kosovo had unsecured symbolic conditions for authority – no commonly shared symbols of unity for all communities and no commonly agreed interpreter of symbols of unity – political actors were competing intensely for the identity and symbolizations of the ‘new’ Kosovo in their attempts to gain authority in various institutional opportunity structures. The competition over authority and the attempts to denationalize public communications made by the international administration, the United Nations Mission in Kosovo (UNMIK), led to the reimbursement of particularistic symbolic references of Kosovar actors, thereby keeping the unsecured symbolic conditions and the weakness of interpretative political authority in Kosovo stable.     

The global institutionalization of microcredit

This article explains how microcredit as a policy idea has been institutionalized at the transnational level, and what role strategic actors play in the institutional change and governance of microcredit. Special attention is given to three dominant actors, the Grameen Bank, the World Bank, and SKS Microfinance. To explain the emergence of microcredit as a transnational policy idea this article explores the relations between theories of institutional change and Rosenau's concept of spheres of authority.     

Under Construction: ESDP and the ‘Fight Against Organized Crime’

Abstract

This essay discusses the phenomenon of ‘organized crime’ as a matter for EU foreign and security policy. Primarily aimed at searching for conceptual guidance, it draws on literature on criminology and policing, presenting two different theoretical perspectives for analyzing the phenomenon of ‘organized-crime fighting’, a utilitarian and a critical one. Against this backdrop, the essay discusses how ESDP (European Security and Defence Policy) has developed and engaged the issue of organized crime. Specifically, it outlines the character of ESDP as a mechanism for ‘civilian crisis management’ and illustrates its ‘working’ through the case of the EU's police mission in Bosnia and Herzegovina (EUPM) by placing it in the two different theoretical frames. Deciding in favour of a social constructivist approach, the essay concludes by suggesting that a successful strategy must focus on the dissemination of the EU's understanding of ‘organized crime’ abroad.     

Religion,partisanship and preferences for redistribution

This article offers a new theoretical explanation of the relationship between religion and the demand for redistribution. Previous literature shows that religious individuals are less likely to favour redistribution either because (a) religion provides a substitute for state welfare provision, or (b) it adds a salient moral dimension to an individual's calculus which induces them to act contrary to their economic interests. In this article, it is argued that the effect of religion on an individual's redistributive preferences is best explained by their partisanship, via a process of partisan motivated reasoning. In contexts where parties are able to combine religion with pro-redistribution policies, religious individuals are more likely to favour redistribution as doing so reinforces their partisan identity. In advanced democracies, religious individuals are more likely to be supporters of centre-right parties that oppose redistribution. However, in Central and Eastern Europe (CEE) the historical and political context leads to the opposite expectation. The nature of party competition in CEE has seen nationalist populist parties adopt policy platforms that combine religion and leftist economic programmes. They are able to credibly combine these two positions due to the way in which religion and the welfare state became linked to conceptions of the nation during the inter-war state-building years. Using data from 2002–2014, the study shows that religiosity is associated with pro-redistribution attitudes in CEE. Furthermore, religious supporters of nationalist populist parties are more likely to favour redistribution than religious supporters of other parties. The results of this research add greater nuance to our understanding of the relationship between religiosity and economic preferences.