The Evolution of Transitional Justice in Post-Conflict Balkans: Assessing Domestic War Crimes Prosecutions in Bosnia and Herzegovina

Global Journal of Peace and Conflict Studies | Vol. 9, No. 8, August 2018 | pp. 928–936

DOI: 10.46882/2018/GJPCS/090801

Article Type: Original Research Paper

Title: The Evolution of Transitional Justice in Post-Conflict Balkans: Assessing Domestic War Crimes Prosecutions in Bosnia and Herzegovina

Authors: Goran M. Filipovic¹, Elena K. Petrova²

Authors’ Affiliations: ¹Faculty of Law, University of Sarajevo, Sarajevo, Bosnia and Herzegovina; ²Department of Peace and Conflict Research, Uppsala University, Uppsala, Sweden

Abstract:
Following the closure of the International Criminal Tribunal for the former Yugoslavia (ICTY), domestic judicial systems assumed primary responsibility for processing remaining war crimes cases. This paper critically evaluates the efficacy of the War Crimes Section of the Court of Bosnia and Herzegovina in promoting national reconciliation and legal accountability from 2014 to 2017. Employing a legal discourse methodology paired with qualitative feedback from 94 victims' advocacy groups, we dissect the institutional barriers impeding domestic transitional justice. The legal analysis shows that deep-seated political polarization and regional non-cooperation on extradition treaties have resulted in a severe judicial backlog, leaving over 400 complex cases unresolved. Our statistical assessments reveal that localized prosecution models remain vulnerable to regional political pressures, yielding a 35% drop in witness cooperation due to inadequate state-level protection programs. The article concludes that domestic war crimes tribunals cannot build sustainable rule of law without absolute financial autonomy and the decoupling of judicial selection processes from ethno-political party controls.

Keywords: Transitional Justice; War Crimes; Balkans; Bosnia and Herzegovina; Legal Accountability; Reconciliation

Manuscript Timeline: Received: April 10, 2018; Revised: June 02, 2018; Accepted: June 18, 2018; Published: August 15, 2018

Citation: Filipovic, Goran M., & Petrova, E. K. (2018). The Evolution of Transitional Justice in Post-Conflict Balkans: Assessing Domestic War Crimes Prosecutions in Bosnia and Herzegovina. Global Journal of Peace and Conflict Studies, 9(8), 928–936. DOI: 10.46882/2018/GJPCS/090801

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