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INFORMATION AND COMMUNICATIONS TECHNOLOGY AS A TOOL TO SUBSTITUTE IN-PERSON VISITS IN THE SERBIAN PRISON SYSTEM DURING THE COVID-19 RESTRICTIVE MEASURES

INFORMATION AND COMMUNICATIONS TECHNOLOGY AS A TOOL TO SUBSTITUTE IN-PERSON VISITS IN THE SERBIAN PRISON SYSTEM DURING THE COVID-19 RESTRICTIVE MEASURES

Author(s): Milica Kolaković-Bojović / Language(s): English Issue: Supp. 1/2021

In an attempt to properly address one of the greatest challenges for prison administrations around the world facing Covid-19, namely, to ensure regular communication between the inmates and their families, the Serbian Penal Administration, supported by German NGO Help e.V, procured the ICT equipment aimed at substituting the in-person visits. The author decided to assess the impact of this pilot project on the right of inmates to communicate with their family members, exploring their attitudes and the attitudes of professionals/prison staff that work with them, to get both perspectives. The results of the research showed that the online communication ensured through the pilot project has significantly contributed to preserving contacts and family relations in the changing environment of the Covid-19 restrictive measures, although it cannot completely replace family visits based on, in-person contact. However, the research also led to some of the remaining obstacles to a wider application of this, substitutive approach, among others, concerning the lack of IT literacy and the both of inmates and their family members, and to the life in poverty and/or in remote country areas. Additionally, this research identified a remaining need for further financial investment in the IT equipment to ensure adequate frequency and duration of communication, but also the need to revise/upgrade an existing treatment approach to integrating modern technologies/IT literacy as tools to contribute to the effectiveness of inmates’ reintegration.

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What Happened to Transitional Justice in Croatia after the EU Accession?

What Happened to Transitional Justice in Croatia after the EU Accession?

Author(s): Lina Strupinskienė,Simona Vaškevičiūtė / Language(s): English Issue: 1(101)/2021

This paper proposes to see Croatia’s becoming a member state of the European Union in 2013 as a particular critical juncture that created uncertainty over the type of decisions the government would take in the field of transitional justice once international pressure had stopped. It compares the period before and after the accession by looking into the three elements of transitional justice policy that were given priority by the EU conditionality framework – fighting impunity for war crimes, fostering reconciliation and respect for and protection of minority rights. It finds that all three have deteriorated in the post-accession period. On the one hand, the findings illustrate the power of international pressure, but on the other hand, they question the overall effectiveness of the conditionality policy, as it seems to not have affected deeper societal issues at stake and has not resulted in true transformation.

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THE STRATEGY OF THE USE OF UNMANNED AERIAL VEHICLES IN THE SEPTEMBER-NOVEMBER 2020 HOSTILITIES IN NAGORNO-KARABAKH. 
THE MILITARY AND INFORMATIONAL DIMENSION
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THE STRATEGY OF THE USE OF UNMANNED AERIAL VEHICLES IN THE SEPTEMBER-NOVEMBER 2020 HOSTILITIES IN NAGORNO-KARABAKH. THE MILITARY AND INFORMATIONAL DIMENSION

Author(s): Mihai Melintei / Language(s): English Issue: 2/2021

The Armenian-Azerbaijan conflict in Nagorno-Karabakh (or Artsakh Republic, the Armenian name) remains one of the main factors of instability in Transcaucasia. Although open hostilities between the Armenian and Azerbaijan armed forces were interrupted in May 1994, there have been constant incidents on the line of contact, the last being in 2016.In September-November 2020, the incidents escalated into an armed conflict between the parties with the use of conventional military equipment and modern military combat technologies, such as unmanned aerial vehicles (UAVs).The Armenian-Azerbaijan hostilities from September-November 2020 are distinguished, in particular, by the mass use by the Azerbaijan side of modern unmanned aerial vehicles (UAVs) for reconnaissance and attack missions. This factor and strategy determined the successes of Azerbaijan during the conflict.Other important aspects of the use of unmanned aerial vehicles in the September-November 2020 hostilities in Nagorno-Karabakh were psychological operations and the dissemination of real-time information through the digital unmanned aerial vehicle system. Thus, drones have become the tool of the parties to obtain international support and raise awareness of the cause of hostilities between Armenia and Azerbaijan in the digital environment.

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THE PEACEKEEPING OPERATIONS IN AN EMERGING ERA OF GLOBAL GOVERNANCE
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THE PEACEKEEPING OPERATIONS IN AN EMERGING ERA OF GLOBAL GOVERNANCE

Author(s): Artur Sosin / Language(s): English Issue: 2/2021

This article presents the impact of Global Governance on the United Nations peacekeeping operations. As the world becomes more and more complex and interconnected, the number of conflicts around the world increases day by day. These challenges are the result of globalization and the progress in the field of technology, as well as the appearance of new actors. All these global problems go beyond the borders of individual states to resolve these issues by themselves at the global scale, taking into consideration the fact that there are no strong enforcement mechanisms and strong approaches which may reduce the risks worldwide. This transformation process directly affects different sectors, such as: good governance, the rule of law, human rights and democratization, which are imperative for the world.This article also examines the connection between peacekeeping operations and the concept of global governance, and how this concept has become integrated in the UN peacekeeping operations. It is essential to have a clear understanding of global governance, especially, of global norms and policies; because they are connected directly to the mandate of the mission as the success of the mission mainly depends on the transformation of these norms.

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Analiza wyroku Trybunału Sprawiedliwości z dnia 2 kwietnia 2020 roku w sprawie C 830/18 w aspekcie dyskryminacji dzieci pracowników przygranicznych

Analiza wyroku Trybunału Sprawiedliwości z dnia 2 kwietnia 2020 roku w sprawie C 830/18 w aspekcie dyskryminacji dzieci pracowników przygranicznych

Author(s): Michał Lewandowski / Language(s): Polish Issue: 34 (2)/2021

The purpose of this case commentary is to analyse the judgment of the European Court of Justice of 2 April 2020 in case C-830/18. The case concerns a student attending a German school whose right to a free journey to school was refused because he lived with his mother in the territory of France. The federated state argued that it is only obliged to organize school transport for pupils residing in that particular state. The Court did not agree with the federated state and pointed to the problem of discrimination against frontier workers. In examining the case, the Court focused not only on the rights of a pupil attending a German school but also on the social privileges afforded to his mother as a frontier worker. The text uses the method of an analysis of the law in force as established by the legislator.

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Boğaziçi Üniversitesi Asya Çalışmaları Programı Öğretim Üyesi Dr. Altay ATLI ile Çin Halk Cumhuriyeti’nin Uluslararası Politikadaki Konumu Üzerine Yapılan Söyleşi

Boğaziçi Üniversitesi Asya Çalışmaları Programı Öğretim Üyesi Dr. Altay ATLI ile Çin Halk Cumhuriyeti’nin Uluslararası Politikadaki Konumu Üzerine Yapılan Söyleşi

Author(s): Altay Atlı / Language(s): Turkish Issue: 22/2021

Interview with dr. Altay ATLI

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ПРОИЗХОДЪТ И ВЛИЯНИЕТО НА ШВЕЙЦАРСКИЯ ГРАЖДАНСКИ КОДЕКС

ПРОИЗХОДЪТ И ВЛИЯНИЕТО НА ШВЕЙЦАРСКИЯ ГРАЖДАНСКИ КОДЕКС

Author(s): Jean-Philippe Dunand / Language(s): Bulgarian Issue: 1/2021

The Swiss Federal Assembly adopted the Swiss Civil Code on 19 December 1907 by roll-call vote and by unanimity of the members present. The code came into force on January 1, 1912. It was welcomed throughout the country as the "written will" of the Swiss. According to Prof. Walter Yung, the code strengthens the "Swiss feeling of being one people" and becomes one of the "spiritual treasures" of the country. Considered an example of clarity, simplicity and moderation, the Swiss Civil Code was soon reflected abroad and inspired the civil codification of many countries. Based on German legal sources, it "retains its characteristic appearance and combines a deep knowledge with purity of form, which provide the basis for an extraordinary flexibility, able to change according to all future changes, without losing its basic structure." The article consistently examines the origins and main sources on which the Swiss Civil Code is based, as well as its impact.

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Digitizing the public administration and safeguarding individual rights: automated decision-making at the intersection of the GDPR and Polish administrative procedure

Digitizing the public administration and safeguarding individual rights: automated decision-making at the intersection of the GDPR and Polish administrative procedure

Author(s): Filip Geburczyk / Language(s): English Issue: 1/2021

Automating administrative decision-making through the use of algorithms integrated into administrative procedures constitutes a major goal of both the Polish government and the EU. Notwithstanding the undeniable benefits of automated administrative decision-making, the tentative development of the law regulating administrative procedures in this regard translates into risks to important elements of administrative due process. Although a systematic regulatory approach to automated administrative decision-making is lacking, an analysis of the provisions of the GDPR concerning profiling algorithms and automated decision-making may prove rewarding, given that they may directly affect the procedural rights of parties in proceedings before national authorities. On the other hand, the imprecise language of the GDPR makes it susceptible to interpretations deeply embedded in the hitherto elaborated practices of the Polish administrative procedure. The article analyses the intersection between the GDPR and Polish administrative procedure in order to examine the potential for mutual influences between both frameworks.

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REGIMUL EXCEPȚIONAL ÎN DOBROGEA (1878-1909). REFLECȚII PRIVIND PROCESUL INTEGRĂRII LA STATUL ROMÂN

REGIMUL EXCEPȚIONAL ÎN DOBROGEA (1878-1909). REFLECȚII PRIVIND PROCESUL INTEGRĂRII LA STATUL ROMÂN

Author(s): Sorin Mureșanu / Language(s): Romanian Issue: III seria3/2021

The present paper goal is to analyse the motivations behind the exceptional regime in Dobrudja, after the Berlin Treaty (1878) and integration to Romania. After a two year transitory governance, Romanian legislators adopted so-called Dobrudja Constitution, a law which established the rules by which the new province was to be governed. This law included many exceptions from the normal social and administrative life from the rest of Romania, including those regarding political rights. Almost 30 years, until 1909, people from Dobrudja cannot exert those rights and the local governance was assured by governmental decisions, the prefect being an almost absolute authority. This long time of discrimination was justified by the very different - social, judiciary, religious, cultural, ethnic – character of the province, after four and a half centuries of inclusion in the Ottoman Empire. Romanian authorities decided, in view of this reality, that a complete integration cannot be made until the people of the province become aware of their new situation, rights and obligations. It was the best solution at that time, which assured a smooth integration, without social or ethnic conflicts. Despite of some voices from the political opposition, the law from 1880 was generally accepted and the public opinion from Romania agreed that an immediate and total integration was not the best decision. Romanian decidents found the ways through which integration of Dobrudja become permanent, even if exceptional measures was needed.

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Civil Society in Occupied Crimea: A Fight for the Rights

Civil Society in Occupied Crimea: A Fight for the Rights

Author(s): Valeriia Skvortsova / Language(s): English Issue: 01 (23)/2021

The annexation of Crimea in 2014 brought about many internal problems. The laws and rules established by the Russian Federation in Crimea have significantly complicated NGOs’ work and, in some places, even made it impossible for them to operate. New human rights movements have emerged in response to the Kremlin’s aggressive policy toward ethnic and religious minorities, as well as toward ordinary citizens who opposed the establishment of the Russian regime. The purpose of this paper is to establish the real state of development of the civil society in Crimea and to describe the conditions in which it has to operate.

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End-of-Life Decisions for Muslims in Albania. An Interdisciplinary Approach

End-of-Life Decisions for Muslims in Albania. An Interdisciplinary Approach

Author(s): Denard Veshi,Ervin Pupe / Language(s): Bosnian,English Issue: 2/2021

This study investigates end-of-life decisions through Islamic and legal comparativeapproaches by focusing on the Albanian context. The methods applied in this paperare critical legal reasoning and legal comparison. The goal of this research is toreview the impact of the Islam legal culture (Qur’an and hadith) on the Albanianlaw of end-of-life decisions. From a legal approach, this paper underlines the unconstitutionality of the Albanian Code of Medical Ethics. In addition, the review ofthe Islamic literature on medical jurisprudence demonstrates the attitude of Muslimcommunity regarding end-of-life decisions in addition to scientifically examine thevarious rules governing end-of-life situations codified in the Islam legal sources byonly considering the Qur’an and hadith. This investigation aims to understand the similarities and differences between these two different approaches by also underlyingthe importance of Islam approach on end-of-life situations on the Albanian legislation.

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EU Value Promotion and the ‘Associated’ Eastern Neighbourhood: State of the Art, Legitimacy Challenges, and Prospects for the Future

EU Value Promotion and the ‘Associated’ Eastern Neighbourhood: State of the Art, Legitimacy Challenges, and Prospects for the Future

Author(s): Maryna Rabinovych / Language(s): English Issue: 04 (10)/2017

The article explores the state of the EU’s value promotion in the ‘associated’ Eastern Neighbourhood countries (Ukraine, Moldova, and Georgia) with a special emphasis on legitimacy challenges, arising due to the current ‘overlapping’ crises in the EU. The contribution identifies conceptual clarity of foundational values, an emphasis on functional cooperation, stronger linkage among conflict resolution, stabilization, and the rule of law in the Neighbourhood Policy (ENP), and a stronger citizen involvement in the ENPled initiatives as the major opportunities for the EU to learn from the current crises, intensify its value promotion in the neighbourhood, and strengthen the legitimacy dimension of the ENP.

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Human Rights Monitoring in Crimea: Mission Impossible?

Human Rights Monitoring in Crimea: Mission Impossible?

Author(s): Kira Spyrydonova / Language(s): English Issue: 01 (3)/2016

Human rights situation in Crimea has deteriorated dramatically during the two years of peninsula’s illegal annexation by the Russian Federation. Numerous cases of grave violations of fundamental rights and freedoms of ethnic Ukrainians, Crimean Tatars and civil society activists attract the attention of the international community that looks for a way of ensuring respect for human rights in the region. More active engagement of international organizations with both Ukraine and Russia’s participation and the establishment of permanent monitoring of the situation could become a key to this problem.

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THE LACK OF TRANSPARENCY – THE PREMISE OF HUMAN RIGHTS VIOLATIONS IN PRISONS DURING THE COVID-19 PANDEMIC

THE LACK OF TRANSPARENCY – THE PREMISE OF HUMAN RIGHTS VIOLATIONS IN PRISONS DURING THE COVID-19 PANDEMIC

Author(s): Crina-Bianca Vereș / Language(s): English Issue: 2/2021

Internationally, human rights law guarantees an universal right to the highest achievable and mandatory standard of health and obliges the governments to take measures to prevent threats to public health and to provide medical care to those who need it. The COVID-19 pandemic continues to rip through prisons across the world, and some excessive measures imposed by governments to prevent the spread of the disease have led to human rights violations. If one would take into account Romania’s persisting problems of overcrowding and poor hygiene conditions in prisons, it is required to highlight how the lack of transparency in public institutions has an the impact on the prison environment during the pandemic. The paper suggests that there is a link between the way the prison life is perceived and the lack of compliance of national measures with generally binding standards regarding human rights imposed internationally.

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The role of gender in genocide

The role of gender in genocide

Author(s): Amila Husić / Language(s): English Issue: 12/2021

Genocide - the crime above all crimes - is the act of deliberately and systematically destroying a group of people because of their ethnicity, nationality, religion, or race. However, other identities of members of the victimized group, in addition to those already stated, also play a role in the targeted victimization, as well as the perpetration of genocide. One of those key identities is gender as one of the primary social constructs with which all people identify, in various forms. This article explores the role of the gender of victims of genocide, considering it an important element, especially in the indirect identification of genocidal intent. The paper also explores the phenomenon of 'gendercide' and specific forms of genocide against women, such as rape as a form of genocidal act, and other manifestations of systematic and comprehensive sexual violence committed with the genocidal intent. In light of the genocide in the Srebrenica area, in addition to the obvious Bosniak or Muslim identity, as the key element of genocide, it is undeniable that the victims shared another common identity - gender. The killing of members of the group, as the first actus reus of genocide as defined in the Genocide Convention, in the Srebrenica area in July 1995, was mostly aimed at men of combat age, in an attempt to wipe out the Bosniak ethnic community by physically eliminating their male members. Other actions from the conventional definition of this crime were largely directed and performed against the female members of the targeted community. In addition, this also examines the forcible transfer of members of a group (with genocidal intent) as an act of genocide. Although less obvious than other elements of ethnicity, gender plays an important role in ethnic identity. Gender categorization in acts of genocide is not an exclusive feature of the Srebrenica genocide, rather a common feature in other genocide cases.

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Pursuit for Justice: Voices and Perceptions on Justice of Victims of Genocide

Pursuit for Justice: Voices and Perceptions on Justice of Victims of Genocide

Author(s): Marijana Toma / Language(s): English Issue: 12/2021

The genocide in Srebrenica stands out as a unique crime committed during the wars in former Yugoslavia, above all because it is the only one international legal bodies have defined as genocide but also because it is the final culmination of all operations undertaken against the population of Bosnia and Herzegovina from April 1992 onwards. This paper examines the perceptions of survivors and victims of genocide on justice in particular in the moment when the revision of established facts has gained momentum in recent years.

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Repere evolutive în raportarea de sustenabilitate. Incursiune de la Raportul Brundtland la Obiectivele de Dezvoltare Durabilă

Repere evolutive în raportarea de sustenabilitate. Incursiune de la Raportul Brundtland la Obiectivele de Dezvoltare Durabilă

Author(s): Tatiana Dănescu,Radu Bogdan Matei,Lavinia Constantinescu / Language(s): English,Romanian Issue: 2/2021

Sustainable development has become, at a rapid pace, outright desirable, an essential condition for all companies, and the business strategy must be based on transparency and accountability, and the information published must be the architecture of sustainable reporting. This is because the public reports of the companies generate the essential platform that reflects the performance, the social and environmental impact, as well as a subsidiary marketing function through which new customers and investors are attracted, as well as talented employees. The main objective of this research is to identify the main landmarks of the evolution of sustainability reporting in the dimension of non-financial reporting standards applied by Romanian companies. The migration trend from conventional to sustainable accounting is evident, with the latter including a variety of social and environmental issues such as: biodiversity protection, climate change, energy efficiency, greenhouse gas emissions, waste management, social inclusion disadvantaged people, respect for human rights, the fight against corruption and transparency of information.

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European Approach to (Mis) Understanding of the Genocide against Bosniaks

European Approach to (Mis) Understanding of the Genocide against Bosniaks

Author(s): Rasim Muratović / Language(s): English Issue: 9/2020

Genocide in Bosnia and Herzegovina is one in a series of genocides in the recent history of world civilization in the bloody mirror of ideological pogrom and state-organized evil, with which politics, science and philosophy are still unable or unwilling to radically deal with in a humanly meaningful and life-promising way. The common phrase “never to be repeated”, this contextual-declarative mantra, inevitable during the increasingly rare antifascist anniversaries and ceremonies, thus appears as an expression of moral hypocrisy, political inconsistency and irresponsibility of world powers. Thanks to this inconsistency and this irresponsibility, the specter of Auschwitz resurrected, even in the same historical second, quite undisturbed in (to make the paradox bigger) the UN security zone of Srebrenica, in July 1995. The common-sense question is: what has been done and committed in unprotected - unsafe zones throughout Bosnia and Herzegovina? The answer is, of course, nothing that has already been shown in both image and tone around the world. Rarely have any previous perpetrators of genocide announced and committed their crimes as triumphantly as the one in Srebrenica. None of the earlier perpetrators in the long history of genocide is as proud of that civilizational shame as the perpetrators of the genocide in Srebrenica do. Despite the obviousness and court rulings, genocide is persistently, publicly and with impunity denied and affirmed. The genocide against Bosniaks in Srebrenica, even after the court verdicts, does not mean to some what it should mean humanely and independently of any verdict: the reason for unquestionable condemnation and outrage! But not! They relativize guilt and hypocritically hint at justifying reasons for the cowardly passivity and restraint of the international community during and after the aggression against the Republic of Bosnia and Herzegovina and the genocide against Bosniaks. The genocide of Bosniaks, like everything that happened in Bosnia from 1992 to 1995, was a rehearsal for asking falsely worrying questions later and a rehearsal for the establishment of a new international order in the 21st century. Even though it all happened in almost one day, we still had to wait years to realize that the genocide in the UN security zone of Srebrenica, in July 1995, was not committed suddenly and without the knowledge of the most powerful in the world. The blood of innocent residents of Srebrenica and Bosniaks in general has not only soiled the hands of Chetnik killers, but equally those who sat in all, especially European capitals. Does this civilization live and reside in anything other than fear, injustice and tyranny? Is that her way of life? Are these her best achievements? Is civilization as uncivilized as it was then, looking motionless at Srebrenica, but also at Sarajevo, Foča, Višegrad, Zvornik, Vlasenica, Bijeljina, Brčko, Prijedor, Ključ, Sanski Most? Twentyfive years after the genocide committed in Srebrenica, in the territory of the United Nations safe zone, in July 1995, the consequences of the crime of genocide among survivors are evident, manifesting themselves in important aspects of human and social existence, individual and social life. Twenty-five years after the genocide committed in the territory of the United Nations safe zone in Srebrenica in July 1995, it is of special importance to strengthen and support those who survived the genocide. Aware of the systematically nurtured darkness that would hide the truth of genocide during the so-called “civil war” in Bosnia, despite all efforts to suppress it in a lobbying manner, the real truth about the aggression against the Republic of Bosnia and Herzegovina lives on in the works of analytically serious researchers. They think for themselves, use the logic and language of historical facts, and stand up against evil and side with the victim (in the legal sense of the word) and their right to historical and human justice. It gives hope. “Judging by the evil that the grandchildren of homo sapiens committed in the 20th century, we have nothing to hope for after 2000. Judging by the hope that faith in God teaches us, even after 2000, there will be many people who will die a natural death.”

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Some Legal Issues in the Dispute Between Bosnia and Herzegovina and Serbia, for Violating the Convention on the Prevention and Punishment of the Crime of Genocide

Some Legal Issues in the Dispute Between Bosnia and Herzegovina and Serbia, for Violating the Convention on the Prevention and Punishment of the Crime of Genocide

Author(s): Sakib Softić / Language(s): English Issue: 9/2020

This paper deals with issues related to the legal dispute between Bosnia and Herzegovina and Serbia related to the violation of the Convention on the Prevention and Punishment of the Crime of Genocide. The dispute attracted a lot of media attention. Much has been said and written about it, but by the media and politicians. Lawyers in Bosnia and Herzegovina have ignored this legal issue. It is true that the dispute lasted a long time, and that a huge amount of evidence was used and that the legal practice of other legal traditions prevailed. Additionally, the dispute was not conducted in our mother tongue. But, is all this together a sufficient justification for ignoring one such historical legal event? In this text, the author tries to briefly describe and explain the basic issues that were the subject of the dispute. To describe and explain how Bosnia and Herzegovina sought to prove its own claims of what it succeeded in and what it did not in addition to taking its own legal views on the subject legal issues.

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Forced Disappearances of Bosniaks in Srebrenica, The United Nations Safe Zone

Forced Disappearances of Bosniaks in Srebrenica, The United Nations Safe Zone

Author(s): Meldijana Arnaut Haseljić / Language(s): English Issue: 9/2020

The aggression on the Republic of Bosnia and Herzegovina resulted in a commission of a crime against humanity and international law, as well as committing the most severe form of crime – genocide. In the UN safe zone of Srebrenica were committed crimes against Bosniaks which is according to the mass, scope and number of victims of unprecedented scale in the recent history. The population of Srebrenica was exposed to starvation, wounding, mutilation, and then deportation, forced expulsion, forced disappearance, capture, rape, and individual and mass murder. After the mass capture performed as part of the Operation Krivaja 95, mass killings followed after which the bodies of the dead were buried in mass graves at hidden locations. For years, families search for missing persons, preserving in their efforts to find sites of primary or secondary mass graves that cover the remains of their family members. The existence of mass graves confirms the efforts to conceal and destroy both the traces and the extent of the crimes committed, and their disclosure allows missing persons to obtain their identity and a decent burial.

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