The Role of Restorative Justice as a Transitional Justice Mechanism in Sustaining Bosnia-Herzegovina’s Peace Process Cover Image

The Role of Restorative Justice as a Transitional Justice Mechanism in Sustaining Bosnia-Herzegovina’s Peace Process
The Role of Restorative Justice as a Transitional Justice Mechanism in Sustaining Bosnia-Herzegovina’s Peace Process

Author(s): Adriana Michilli
Subject(s): International Law, Law and Transitional Justice, Governance, Political history, Peace and Conflict Studies
Published by: Udruženje “Pravnik”
Keywords: Restorative justice; transitional justice; Bosnia and Herzegovina; peace process;

Summary/Abstract: This article focuses on the usage of Restorative Justice (RJ) as a Transitional Justice (TJ) mechanism within the post-conflict society of Bosnia-Herzegovina. The paper attempts to synthesize relevant literary contributions to garner an answer as to how the instalment of international policies and national legislation have attempted to achieve justice, reconciliation and peace within the concerned focus country. To this end, the potential of RJ as a strategy for peacebuilding in comparison to the administration of retributive justice, is challenged via theoretical contributions. This collection of literature is complemented by a casestudy analysis which illustrates how Bosnia-Herzegovina has elected to deal with its ‘nation’s past via reparative forms of justice including: Truth and Reconciliation Commissions, Commissions of Inquiry and Reparation programs. The paper is underpinned by a political advocacy perspective which contends that peace, reconciliation and justice within post-conflict societies require that the institutionalization of restorative and/or transitional measures of justice: mobilize the utmost political resources to accomplish such ambitions, call for a balanced delegation of responsibility regarding the role of the international community and that such RJ projects integrate rather than marginalize voices from one of the most important participant stakeholders, the community of victims.

  • Issue Year: 9/2018
  • Issue No: 9
  • Page Range: 11-19
  • Page Count: 9
  • Language: English