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The invisible/visible claims to justice: sexual violence and the university camp(us)
Authors:Janine Natalya Clark
Affiliation:1. School of Politics, International Studies and Philosophy , Queen’s University , Belfast, BT7 1PA, UK j.clark@qub.ac.uk
Abstract:If the relationship between international tribunals and reconciliation remains empirically under‐researched within the transitional justice literature, this is even truer in respect of hybrid and local courts. Seeking to address this gap, the purpose of this article is to explore whether the State Court of Bosnia and Hercegovina (BiH) – and more particularly its War Crimes Chamber (WCC) – can contribute to reconciliation in BiH. Unlike the International Criminal Tribunal for the Former Yugoslavia (ICTY), the State Court is located in the country itself. Hence, in theory at least, it has greater potential to involve local people and thus to facilitate the reconciliation process. In practice, however, the Court faces many of the same problems as the ICTY, including perceptions of bias and the difficulty of satisfying victims. What this ultimately demonstrates is that criminal trials are not a panacea or “magic bullet” and that reconciliation – both in BiH and in post‐conflict societies more generally – requires a comprehensive and holistic approach to transitional justice that does not over‐rely upon the administration of retributive justice. The State Court, therefore, is merely one potential path to reconciliation.
Keywords:Bosnia and Hercegovina (BiH)  State Court of BiH  reconciliation  retributive justice  International Criminal Tribunal for the former Yugoslavia (ICTY)
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