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.     

Transitional Justice in Peacebuilding: Dynamics of Contestation in the DRC

ABSTRACT

This article examines the place of transitional justice in peacebuilding by exploring how domestic and international actors frame this relationship and how this, in turn, moulds dynamics of contestation around transitional justice. In the transitional justice literature, contestation is usually framed around an international–domestic dichotomy: transitional justice agendas promoted by external actors confront strategies of instrumental adaptation of transitional justice by domestic elites and the adoption of alternative transitional justice approaches by local actors. Based on an analysis of transitional justice policy-making in the Democratic Republic of the Congo (DRC), this paper proposes that a more multifaceted reading of contestation to transitional justice is needed. In the DRC, both external and domestic actors variously acted as transitional justice promoters and resisters, and their positioning on transitional justice was strongly conditioned by their broader understandings of the nature of the conflict and transitional justice’s role in peacebuilding. It is therefore suggested that contestation of transitional justice does not necessarily reflect a rejection of international approaches to justice, but instead more broadly expresses a lack of agreement on what transitional justice is and what its goals are. The article thus contributes to a broader interrogation of how discourses about the meaning of transitional justice are constructed in practice.     

Mapping the Nexus of Transitional Justice and Peacebuilding

ABSTRACT

This article explores the convergences and divergence between transitional justice and peacebuilding, by considering some of the recent developments in scholarship and practice. It examines the notion of ‘peace’ in transitional justice and the idea of ‘justice’ in peacebuilding. It highlights that transitional justice and peacebuilding often engage with similar or related ideas, though the scholarship in each field has developed largely in parallel to each other, and often without any significant engagement between the fields of inquiry. The article also notes that both fields share other commonalities, insofar as they often neglect questions of capital (political, social, economic) and at times, gender. It is suggested that trying to locate the nexus in the first place draws attention to where peace and justice have actually got to be produced in order for there not to be conflict and violence. This in turn demonstrates that locally, ‘peace’ and ‘justice’ do not always look like the ‘peace’ and ‘justice’ drawn up by international donors and peacebuilders; and, despite the ‘turn to the local’ in international relations, it is surprising just how many local and everyday dynamics are (dis)missed as sources of peace and justice, or potential avenues of addressing the past.     

Contested Governance: Understanding Justice Interventions in Post-Qadhafi Libya

ABSTRACT

This contribution reflects upon the nexus between transitional justice and peacebuilding through a study of how transitional justice practices in post-Qadhafi Libya interacted with broader efforts to establish governance institutions in the aftermath of Libya’s 2011 armed conflict. It argues that dominant practices of transitional justice, promoted by external actors, prescribed narrow state-centric justice interventions that were ill-suited for a polity in which the state was highly contested. In fact, transitional justice proved divisive in Libya because attempts to project state-centric liberal justice practices were limited by their targeting of weak institutions that lacked local legitimacy and their inability to reconcile alternative normative frameworks that challenge the modern state. In addition, the weakness of Libya’s state institutions allowed thuwwar, or revolutionary armed groups, to dictate an exclusionary form of justice known as political isolation. Drawn from fieldwork conducted in Libya, this contribution provides lessons for both peacebuilding and transitional justice practice that call for a rethinking of teleological notions of transition and greater engagement with notions and concepts that fall outside dominant practices.     

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.     

Transitional Justice and Peacebuilding after Mass Violence

¹Since the end of the Cold War, the international communityhas become increasingly involved in peacebuilding and transitionaljustice after mass violence. This article uses lessons frompractical experience and theories of peacebuilding and transitionaljustice to develop a model of transformative justice that supportssustainable peacebuilding. This model is holistic and transdisciplinaryand proposes a focus on civil society participation in the designand implementation of transitional justice mechanisms. It requiresus to rethink our focus on ‘transition’ as an interimprocess that links the past and the future, and to shift itto ‘transformation,’ which implies long-term, sustainableprocesses embedded in society and adoption of psychosocial,political and economic, as well as legal, perspectives on justice.It also involves identifying, understanding and including, whereappropriate, the various cultural approaches to justice thatcoexist with the dominant western worldview and practice. Asyncretic approach to reconciling restorative and retributivejustice is proposed as a contribution to developing transformativejustice and sustainable peacebuilding. The development of thistransformative justice model is informed by field research conductedin Cambodia, Rwanda, East Timor and Sierra Leone on the viewsand experiences of conflict participants in relation to transitionaljustice and peacebuilding.     

A Resilience Approach to Transitional Justice?

ABSTRACT

Transitional justice, which is typically part of a liberal peacebuilding strategy, often seems distant, ineffective or even counter-productive. The concept of resilience, to which transitional justice discourses and scholarship have remained relatively indifferent, appears useful to explore justice initiatives in conflict or post-conflict situations. This article argues that much can be gained from better understanding the relevance of – and significant risks associated with – resilience thinking in this context. Through a critical approach to resilience, and embedded within a legal-pluralist framework, it examines some of the ways of dealing with political violence, with a particular focus on the Central African Republic.     

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.     

Practicing Normality: An Examination of Unrecognizable Transitional Justice Mechanisms in Post-Conflict Sierra Leone

ABSTRACT

Transitional justice and peacebuilding mechanisms have a tendency to reflect the extraordinary nature of conflict. These recognizable mechanisms—official bodies and institutions with preconceived goals and processes—are often inaccessible and undesired. In fact, what is often desired in post-conflict societies is the ordinary: a transition to a ‘new normal’. This article explores the various ways in which Sierra Leoneans practice normality in the post-conflict era. This is done through economic restoration, agricultural activities and religious engagement. Ultimately, these mechanisms are often seen as a more legitimate and meaningful way for many ordinary Sierra Leoneans to move past their war-related experiences and find some sense of peace and justice.     

Reflections of the nexus between justice and peacebuilding

This commentary reflects on eight articles recently published in this journal as part of a special issue on the nexus between transitional justice and statebuilding (Volume 10, Issue 3, 2016). It positions the special issue within an emerging ‘fourth phase’ literature on transitional justice that draws on critiques of liberal peacebuilding to urge an expansion of its boundaries to embrace socio-economic issues. It is argued that the type of analysis found in the special issue, characterized by in-depth, on-the-ground empirical analysis of complex domestic politics of material accumulation and ideological contestation, marks a significant and welcome advance in a literature which to this point has been largely de-contextualized, exhortatory and over-reliant on tired binaries of the ‘international and the local’ or the ‘liberal and legitimate’.     

Overcoming the Original Sin of the “Original Condition:” How Reparations May Contribute to Emancipatory Peacebuilding

This short article explores the relationship between transitional justice mechanisms and peacebuilding by analysing the role that reparations may play in transforming or deepening conflict. Research seeks to identify potential components of an emancipatory approach to peacebuilding through the prioritisation of ‘transformative reparations’ processes, framing this proposal within the case study of collective reparations to the trade union movement in Colombia.     

To Serve and Survey: French Gendarmes as International Police in Peacebuilding Missions in Bosnia and Kosovo

ABSTRACT

This article scrutinises everyday practices of French gendarmes who were sent as international police in UN and NATO missions in Bosnia and Kosovo. Drawing on qualitative material, it argues that their encounters on the ground largely shaped their practices. Rather than melting into the internationalised peacebuilding milieu, gendarmes endeavoured to serve and survey, that is, to establish relationships with civilian populations as a means to collect security-related intelligence for their national government. The sociology of peacebuilding encounters on the ground thus unveils Peaceland’s social divides and invites to take into account the historicity of the peacebuilders’ societies.     

Security sector reform in transitions from military rule: Legacies of authoritarianism in Brazil

According to the international legal system, countries in transition from authoritarian rule have the duty to provide truth, justice and reparations, and to prevent the recurrence of systematic human rights violations. Security sector reforms are a key preventive mechanism, and this article analyzes the impact of these reforms on the recurrence of torture, killings, and disappearances. As there are many types of reforms in the security sector, the main research question is: which reforms, or combination of reforms, are effective in preventing the recurrence of human rights violations? Brazil experienced a brutal military regime between 1964 and 1985, when security forces were involved in systematic human rights violations. A case study of the Brazilian transition from military authoritarian rule was conducted and the findings suggest that the involvement of armed forces in domestic issues, weak civilian authority, overlapping jurisdiction, and blurred lines of command within the security forces have a negative impact on the outcome of interest. Finally, contributions were made to scholarly debates concerning transitional justice, human rights, and institutional change     

Structural Violence,Socioeconomic Rights,and Transformative Justice

This article provides a critique of the scope of existing models of transitional justice, which focus on legal and quasi-legal remedies for a narrow set of civil and political rights violations. The article highlights the significance of structural violence in producing and reproducing violations of human rights, particularly of socioeconomic rights. There is a need to utilize a different toolkit and a different understanding of human rights from that typically employed in transitional justice in order to remedy structural violations of human rights. Focusing on a case study of land inequalities in postapartheid South Africa, the potential for transformative (rather than transitional) justice in postconflict and postauthoritarian contexts is discussed. The article outlines a definition of transformative justice, relevant actors, and relationships for such an agenda and discusses the kinds of strategies that promise a more transformative approach.     

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.     

Security Sector Reform and Transitional Justice in Kosovo: Comparing the Kosovo Security Force and Police Reform Processes

Abstract

Transitional justice and security sector reform are critical in post-conflict settings, particularly regarding the reform of judicial systems, intelligence services, police, correctional systems, the military, and addressing systemic massive human rights abuses committed by individuals representing these institutions. Accordingly, the relationship between security sector reform and transitional justice mechanisms, such as vetting, the representation of ethnic minorities in key institutions, the resettlement and reintegration of the former combatants deserve special attention from scholars. This article presents a comparative analysis of the reform of police and security forces in Kosovo, and explores the causes of different outcomes of these two processes.     

There Is a Crack in Everything: Problematising Masculinities,Peacebuilding and Transitional Justice

The study of masculinity, particularly in peacebuilding and transitional justice contexts, is gradually emerging. The article outlines three fissures evident in the embryonic scholarship, that is the privileging of direct violence and its limited focus, the continuities and discontinuities in militarised violence into peace time, and the tensions between new (less violent) masculinities and wider inclusive social change. The article argues for the importance of making visible the tensions between different masculinities and how masculinities are deeply entangled with systems of power and post-conflict social, political and economic outcomes. An analysis of masculine power within and between the structures aimed at building the peace in societies moving out of violence is considered essential. The article argues for an analysis that moves beyond a preoccupation with preventing violent masculinities from manifesting through the actions of individuals to considering how hidden masculine cultures operate within a variety of hierarchies and social spaces.     

Global Assemblages of Security Governance and Contemporary International Intervention

ABSTRACT

This article draws from the concept of assemblages in order to examine the component parts of contemporary international interventions. It argues that in contrast mainstream analyses of statebuilding and peacebuilding, as well as more critical treatments that tie interventions to the concept of 'international order', the concept of assemblages offers a more compelling vantage point from which to examine the disparate lines of forces that make up modern-day interventions. The article proposes an exploration of some of the component parts that sustain the current assemblage of governance, security, and international intervention and draws our attention to their self-sustaining rationalities.     

Engendering Transitional Justice: a Transformative Approach to Building Peace and Attaining Human Rights for Women

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace.     

Defining Environmental Justice Communities for Regulatory Enforcement: Implications from a Block‐Group‐Level Analysis of New York State

The absence of a clear definition of environmental justice areas has been cited as one of the U.S. Environmental Protection Agency's major deficiencies in managing federal environmental justice programs. Several states have explicitly defined potential environmental justice areas and integrated targeted efforts into the policy‐making process. At the block‐group level, this study evaluates the effects of New York State's environmental justice policy, which defines communities of concern in terms of demographic and socioeconomic characteristics as well as mandates supplemental regulatory enforcement activities for these neighborhoods, on the agency's policy implementation practices under the Clean Air Act and Clean Water Act. The empirical findings suggest that there is inconclusive evidence regarding race/ethnicity‐ and class‐based environmental inequity. Also, the state's policy intervention is not universally effective. Moreover, task environments of a given community are a consistent determinant of the agency's regulatory compliance monitoring and assurance activities. This study then derives broader implications regarding the adoption of a policy instrument that defines and screens potential environmental justice communities.