A Case Study in ‘Institutionalisation before Liberalisation’: Lessons from Bosnia and Herzegovina

Abstract

International attempts to build a sustainable peace in Bosnia and Herzegovina have come close to the recommendations of Roland Paris’ conceptual framework of ‘Institutionalisation before Liberalisation’. The international peace mission in Bosnia has, through this approach, largely succeeded in dampening the dangers posed by the democratization process. This is clearly indicated by progress in stabilizing the civil peace and in democratization. However, this study of international policy highlights that, while the general policy approach of the ‘Institutionalisation before Liberalisation’ framework is a sound one, it is important to caution that care must be taken to avoid negative and unintended consequences.     

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.     

Transitional Justice and Its Discontents: Socioeconomic Justice in Bosnia and Herzegovina and the Limits of International Intervention

ABSTRACT

The incorporation of socioeconomic concerns into transitional justice has traditionally, as a result of prevailing liberal notions about dealing with the past, been both conceptually and practically difficult. This article demonstrates and accounts for these difficulties through the case of Bosnia and Herzegovina, a country which has been characterized by a complex transition process and a far-reaching international intervention, encompassing transitional justice and peacebuilding as well as political and economic reforms. Examining the limits of international intervention in Bosnia and the marginalization of socioeconomic justice issues, the article analyses the events surrounding the protests that broke out in February 2014, and the ensuing international engagement with the protest movement. Faced with a broad-based civic movement calling for socioeconomic justice, the international community struggled to understand its claims as justice issues, framing them instead as problems to be tackled through reforms aimed at completing Bosnia’s transition towards a market economy. The operation of peacebuilding and transitional justice within the limits of neoliberal transformation is thus instrumental in explaining how and why socioeconomic justice issues become marginalized, as well as accounting for the expression of popular discontent where justice becomes an object of contestation and external intervention.     

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.     

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.     

Connecting Intelligence and Theory: Intelligence Liaison and International Relations

Intelligence liaison increased exponentially during the so-called ‘War on Terror’. Today it continues as the most significant dimension of intelligence, including impacting on accountability and oversight considerations. Nevertheless, the intelligence liaison phenomenon remains largely under-studied and substantially under-theorized. In this article, preliminary suggestions are offered concerning how this dearth of theory can be addressed. Firstly, the relevance of international relations theory and other bodies of theory, together with significant approaches concerning how international relations – extending to how intelligence and intelligence-related phenomena (such as, in this article, intelligence co-operation) – can be studied, are explored. These theories, and equally, approaches, are arguably most appropriate when deployed in an arrangement of ‘complex co-existence plurality’ across the different interrelated levels of experience and analysis, and they offer more effective explanations when intelligence liaison is disaggregated into at least eight systemic attributes or variables. More broadly, the suggestion that international relations theory, and indeed theory generally, is ‘irrelevant’ to intelligence studies is simultaneously challenged.     

Socio-spatial agency and positive peace in Mostar,Bosnia and Herzegovina

ABSTRACT

Mostar has been divided since 1992, which marked the start of the civil war in Bosnia and Herzegovina. In 1995 the violent conflict ended and in 2004 the city was reunified by an interim city statute even though it remains highly contested. Drawing on research conducted in Mostar from 2014 to 2018, this article presents spatial interventions to discuss how socio spatial agency contributes to the experience of a ‘positive peace’. As such, the article presents examples of shared spaces in the divided city to focus on the temporal dimensions of the peace process.     

Peace and Justice through a Feminist Lens: Gender Justice and the Women’s Court for the Former Yugoslavia

ABSTRACT

Post-conflict interventions to ‘deal with’ violent pasts have moved from exception to global norm. Early efforts to achieve peace and justice were critiqued as ‘gender-blind’—for failing to address sexual and gender-based violence, and neglecting the gender-specific interests and needs of women in transitional settings. The advent of UN Security Council resolutions on ‘Women, Peace and Security’ provided a key policy framework for integrating both women and gender issues into transitional justice processes and mechanisms. Despite this, gender justice and equality in (post-)conflict settings remain largely unachieved. This article explores efforts to attain gender-just peace in post-conflict Bosnia and Herzegovina (BiH). It critically examines the significance of a recent ‘bottom-up’ truth-telling project—the Women’s Court for the former Yugoslavia—as a locally engaged approach to achieving justice and redress for women impacted by armed conflict. Drawing on participant observation, documentary analysis, and interviews with women activists, the article evaluates the successes and shortcomings of responding to gendered forms of wartime violence through truth-telling. Extending Nancy Fraser’s tripartite model of justice to peacebuilding contexts, the article advances notions of recognition, redistribution and representation as crucial components of gender-just peace. It argues that recognizing women as victims and survivors of conflict, achieving a gender-equitable distribution of material and symbolic resources, and enabling women to participate as agents of transitional justice processes are all essential for transforming the structural inequalities that enable gender violence and discrimination to materialize before, during, and after conflict.     

Counter-Intelligence for counter-revolutionary warfare: The South African police security branch 1979–1990

In counter-revolutionary warfare strategy, political action forms the overwhelming part; however, also central as an off-shoot of the tenets of counter-revolutionary warfare is the elimination of insurgent structures – generally a euphemism for assassination. In reality, assassination is a subset of covert paramilitary action, implemented as a consequence of counter-intelligence or even counter-terrorism. South Africa's Security Branch presents one of the best recent examples of the use of counter-intelligence techniques for counter-revolutionary warfare. While politico-constitutional intelligence was gathered by the National Intelligence Service to support constitutional efforts to achieve a settlement of the conflict and bring about a new political dispensation in South Africa, the apartheid government relied on the covert operational capabilities of the security forces (especially the Security Branch) to not only halt the ‘Revolutionary Onslaught’ of the liberation movements, but to eliminate them as a viable political and revolutionary force. In attempting to support an unwinnable political objective, the ultimate corruption of the intelligence process and the reliance of individuals overseeing it far and away on the covert operational intelligence capabilities of the state, the apartheid government brought about its own downfall. The Security Branch was at the heart of these efforts.     

Reforming Egyptian Intelligence: Precedents and Prospects

Abstract

In 2011 intelligence reform became a timely and pertinent topic in Egypt with the overthrow of President Hosni Mubarak by mass demonstrations. Yet two outstanding questions persist: can Egyptian intelligence be reformed? What would intelligence reform entail in the Egyptian context? An examination of historical Egyptian intelligence reforms suggests that ‘reform’ in the Egyptian context usually means greater efficiency and centralization at the expense of public oversight and accountability. Prospects for fundamental intelligence reform are further hampered by Egypt's authoritarian traditions, its relatively weak legislature and judiciary, lack of an empowered civil society, censorship and an apparent official addiction to secrecy.     

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.     

Recent reform of intelligence in the UK: Democratization or risk management?

The recent flurry of intelligence legislation in the UK can be taken to mean that Britain has democratized its intelligence services in line with other western democracies. However, this argument is rejected. The changing role of intelligence, particularly in the area of ‘serious and organized crime’, altered the environment in which intelligence services operate and meant that they lost their monopoly of control over information. It is more a process of risk management than democratization. The Intelligence Services Act 1994 and the role of the new oversight body, the Parliamentary Intelligence and Security Committee, are also assessed.     

The second edition of the EPAC expert survey on ethnonationalism in party competition – testing for validity and reliability

This research note presents EPAC 2017, a dataset resulting from the second round of an expert survey on ethnonationalism in party competition. EPAC provides cross-sectional data on the positions of (ethno-) national and mainstream parties on an ethnonational (also often referred to as ‘territorial’ or ‘centre-periphery’) dimension, as well as other important dimensions of political competition. The 2017 edition covers 222 political parties in 22 multinational European countries. The research note presents the main survey items and performs a series of validity and reliability tests on the data. Results show that EPAC 2017 provides valid and reliable measures of party positions on an ethnonational dimension. A short analysis of party system changes in Spain and Bosnia and Herzegovina illustrates the opportunities of combining the 2011 and 2017 editions. The combined dataset allows studying the mobilization of the centre-periphery cleavage in party competition across Eastern and Western Europe and over time.     

The perils of hyper-vigilance: the war on terrorism and the surveillance state in South-East Asia

The analysis examines the puzzle as to why the intelligence structures of South-East Asia largely failed to detect the evolving threat of violently inclined radical Islamic groups, despite the existence of elaborate and pervasive internal security arrangements within the states of the region. The article explores this issue by positing contending viewpoints about how authoritarianism in South-East Asia might have affected the awareness of such threats. Answers to these questions enable an assessment of the current ASEAN response to the ‘war on terrorism’ and to discern whether South-East Asia's elites will move either to improve the quality of their intelligence and threat analysis in the future, or whether they will, instead, extend the instruments of authoritarian rule, further curtailing civil and political space under the rubric of combating terrorism. The evidence so far suggests that the latter outcome is the more likely.     

Security Intelligence in the Middle East (SIME): Joint Security Intelligence Operations in the Middle East,c. 1939–58

Security Intelligence Middle East (SIME) remains an understudied aspect of British intelligence. In many respects it was a remarkable organization. Its wartime iteration was created in haste, ostensibly as a military body but based upon the Security Service's office in Cairo. It evolved into a truly ‘joint’ unit but culturally was closer to the Security Service (MI5) than either the military or the Secret Intelligence Service (MI6). SIME changed dramatically as a result of the end of the Second World War: it became the sole responsibility of MI5; local cooperation between MI5 and MI6 was scaled-down and became the focal point of a broader inter-intelligence service dispute in London; and new nationalist threats caught SIME off-balance and eventually undermined its raison d'être. SIME's contrasting wartime and peacetime iterations provide a useful example of how intelligence agencies respond to external pressures. It also provides a window into wider jurisdictional and constitutional conflicts at the heart of the relationship between MI5 and MI6, both during and after the war. Finally SIME shows practitioners what can be achieved under the right stimulus and what can be lost when that stimulus fades.     

Improving the democratic accountability of EU intelligence

The 9/11 attack and the ‘war on terrorism’ have been followed by a discussion on intelligence deficits. However, surprisingly little attention has been given to the issue of agencies' democratic accountability. This article argues the benefits of oversight for democracy and its significance for the improvement of services' performance. It puts EU intelligence agencies, which have hardly been the subject of any debate, at the centre. While acknowledging that the major threats to civil liberties of European citizens are posed by national intelligence agencies, it identifies the establishment of mechanisms for quality control of EU intelligence as the main challenge at the EU level.     

Comparing the Democratization of Intelligence

This introductory article discusses some of the main themes that are contained within this collection originally delivered as papers to two conferences. There is brief consideration of some issues of method and major themes relating to the legacy of authoritarian regimes, the process of change and the current state of ‘democracy’ are identified. Continuing controversies and uncertainties around intelligence have important implications for democratic governance in many countries which must encourage more comparative work in this key area of intelligence studies.     

Black knights and elections in authoritarian regimes: Why and how Russia supports authoritarian incumbents in post‐Soviet states

In the last decade, studies have documented how autocrats use elections as a way of legitimising and stabilising their regimes. Simultaneously, a literature on negative external actors (also known as ‘black knights’) has developed, emphasising how various international actors use anti‐democracy promotion strategies to undergird authoritarian regimes. In this article, these two literatures are fused in an attempt to shed light on the external dimension of authoritarian elections and what is termed ‘black knight election bolstering’. First, five mechanisms are elucidated, through which external assistance increases the chances of ‘winning’ elections in authoritarian settings (signaling invincibility, deterring elite defection, undermining opposition activities, dealing with popular protests, and countervailing pressure from foreign democracy promoters). Second, it is argued that external actors are most likely to offer election bolstering when they face a particularly acquiescent partner or when electoral defeat is perceived to lead to radical and undesired regime change. The relevance of both factors is augmented when uncertainty of the electoral outcome is high. Finally, four cases of Russian intervention during elections in three authoritarian neighbour countries (Ukraine in 2004, Belarus in 2006, and Moldova in 2005 and 2009) are analysed. The case studies corroborate the theoretical arguments: not only does Russia engage in all five types of black knight election bolstering, but it does so only when one or more of the three explanatory factors are present.     

Canada's Communications Security Establishment,Signals Intelligence and counter-terrorism

Canada's Communications Security Establishment has undergone a far-reaching transformation in conjunction with the expanded role of Signals Intelligence in the global ‘war on terror’. For the first time, Canada adopted a formal statute for CSE, including an expanded remit for countering terrorism. With a shift in targeting priorities towards terrorism and threats to Canadian interests abroad, Canada's participation in SIGINT-related international partnerships takes on new significance. The collection of communication intelligence touches upon public sensibilities regarding privacy rights of Canadians. The evolution of Canadian SIGINT capabilities was therefore accompanied by the establishment, as early as 1996, of a system for intelligence accountability and review, the Office of the CSE Commissioner. Recent advances in communications technology and pressing requirements for Signals Intelligence have impelled changes in the law, while also accentuating the role played by the CSE Commissioner in scrutinizing CSE activities to ensure compliance with ministerial authorizations and the laws of Canada.