Transitional Justice and Reconciliation Lessons from the Balkans

Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Introduction: Struggling with the Legacy of War - Croatia, Serbia and Bosnia-Herzegovina, 1995-2015, Martina Fischer Part 1: Legal Justice and the Need for Restorative Approaches 1. Dealing with the Past from the Top Down and Bottom Up - Challenges for State and Non-State Actors, Martina Fischer 2. The ICTY after 20 Years of Experience – Assessments from an Insider’s View, Klaus Hoffmann 3. The Micro Legacy of the ICTY in Croatia – A Case Study of Vukovar, Tamara Banjeglav 4. Rape, Silence and Denial, Olivera Simic 5. Political Memory as an Obstacle to Justice in Serbia, Croatia and Bosnia-Herzegovina, Jelena Subotic Part 2: Obstacles and Prospects for Reconciliation 6. Dealing with the Past in Serbia - Achievements in the Past 20 Years, Vesna Nikolic-Ristanovic & Sanja Copic 7. Young Adults’ Perspective of Social Reconstruction in Three Post-War Communities in Croatia and Bosnia-Herzegovina, Dinka Corkalo Biruški & Dean Ajdukovic 8. Educating Citizens in Bosnia-Herzegovina - Experiences and Contradictions in Post-War Education Reform, Briony Jones 9. Discrimination: From Construction to Deconstruction - An Essay on the Prospects of Reconciliation in Bosnia-Herzegovina 20 Years after Dayton, Miodrag Živanovic 10. Economic Development and Perspectives for Reconciliation, Will Bartlett Conclusion: Dealing with Past Violence as a Long-Term Challenge - Lessons from the Balkans, Martina Fischer

Martina Fischer is Programme Director at the Berghof Foundation, Berlin; Olivera Simic is a Senior Lecturer in Law at Griffith University, Brisbane