The Effects of War Crime Processing before Domestic Courts on the Reconciliation Process in Bosnia and Herzegovina Cover Image

Efekti procesuiranja ratnih zločina pred domaćim sudovima na procese pomirenja u Bosni i Hercegovini
The Effects of War Crime Processing before Domestic Courts on the Reconciliation Process in Bosnia and Herzegovina

Author(s): Dževad Mahmutović, Vedad Gurda
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za društvena istraživanja
Keywords: War Crimes; Processing of War crimes; Reconciliation

Summary/Abstract: During the war in Bosnia and Herzegovina (1992-1995), severe war crimes were committed, including even genocide. The war crimes, committed during the war in Bosnia and Herzegovina (BiH), have been processed at several different levels (from international to local). The paper focuses on the processing of war crimes committed in BiH before domestic, Bosnian courts and the contribution of these processes to the reconciliation process in BiH. We made an empirical research and collected data on the attitude of victims and, for the first time, of perpetrators of war crimes about three research domains: purpose and expectations from war crime processing, subjects’ perception of the judicial system in BiH that processes war crimes, and perception of the past results of war crime processing in BiH. The following conclusions were made: the subjects express their negative opinion about the proceedings; most subjects expect processing to reveal the truth and contribute to their prevention in the future; all the subjects have a negative opinion about judicial institutions that process war crimes in BiH; subjects believe that the punishments for the crimes do not achieve the purpose of punishing; processing contributed to easing victims’ suffering but also helped convicts reject their psychological burden.

  • Issue Year: 1/2013
  • Issue No: 1
  • Page Range: 9-29
  • Page Count: 21
  • Language: English