The Right to Truth and the Failure of Seeking it
The Right to Truth and the Failure of Seeking it
Author(s): Kristin BirkenzellerSubject(s): Criminal Law, Human Rights and Humanitarian Law, Political history, Studies in violence and power, Victimology, Transformation Period (1990 - 2010), Peace and Conflict Studies
Published by: Udruženje “Pravnik”
Keywords: Bosnian war; truth; war crimes; criminal prosecution;
Summary/Abstract: The paper is dealing with seeking truth after the Bosnian War. For this reason, the relevance of truth, manifested in intergovernmental agreements and legal acts, is presented. To find truth, there exist different mechanisms, a crucial one is criminal prosecution of grave breaches of international law through courts. Individual liability is sought to establish by bringing the main perpetrators before judges. Judicial procedures may initiate a corporative process of reconditioning, reconciliation and pacification, nevertheless for such a long-term effort to be successful, a bottom-up process, taking place simultaneously, is needed. Establishing a truth commission is what can fulfil this purpose. In Bosnia and Herzegovina, there was never a comprehensive truth and reconciliation commission established, two reasons for this failure are analysed within this article. To enable the state and its society to reconciliate, the incentives of the leaders of the different factions would need to change while determined international support is obligatory.
Journal: International Journal on Rule of Law, Transitional Justice and Human Rights
- Issue Year: 8/2017
- Issue No: 8
- Page Range: 78-85
- Page Count: 8
- Language: English