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Dealing with the Past in the Western Balkans Initiatives for Peacebuilding and Transitional Justice in Bosnia-Herzegovina, Serbia and Croatia

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Dealing with the Past in the Western Balkans Initiatives for Peacebuilding and Transitional Justice in Bosnia-Herzegovina, Serbia and Croatia Dealing with the Past in the Western Balkans Initiatives for Peacebuilding and Transitional Justice in Bosnia-Herzegovina, Serbia and Croatia Martina Fischer and Ljubinka Petrović-Ziemer (eds.) Berghof Report No. 18, 2013 Imprint This publication presents results of the research project “Dealing with the Past and Peacebuilding in the Western Balkans. Studying the interplay of international and local initiatives for Transitional Justice and Reconciliation in Bosnia-Herzegovina, Serbia and Croatia”. The project was funded by the German Foundation Peace Research / Deutsche Stiftung Friedensforschung in the period March 2010–April 2012. Translations : Hana Dvornik (chapters 7.1 and 7.3) and Marija Stojanović (chapter 7.2.) Language editing: Hillary Crowe Desktop publishing: Astrid Fischer © 2013 Berghof Foundation Operations GmbH. All rights reserved. To cite this publication: Martina Fischer and Ljubinka Petrović-Ziemer (eds.) 2013. Dealing with the Past in the Western Balkans. Initiatives for Peacebuilding and Transitional Justice in Bosnia-Herzegovina, Serbia and Croatia. Berghof Report No. 18. Berlin: Berghof Foundation. ISBN: 978-3-941514-14-0 Order at: Berghof Foundation Altensteinstraße 48a 14195 Berlin, Germany Via Internet: www.berghof-foundation.org [email protected] Content Preface and Acknowledgement Abstract 1 Dealing with the Legacies of the Past in the Balkans: A Local, Regional and International Challenge (Introduction by Martina Fischer) 1 2 Political Context and Relevant Actors (by Martina Fischer) 5 2.1 Political context in Bosnia-Herzegovina, Serbia and Croatia 6 2.2 Actors in transitional justice and dealing with the legacies of the past 12 3 Theoretical Approaches and Research Design (by Martina Fischer) 19 3.1 Transitional justice: the call for a holistic interpretation 20 3.2 Reconciliation and conflict transformation as multi-level processes 22 3.3 Research design 24 4 Analysis of Interviews with TJ Institutions: ICTY, Domestic Judiciary and Commissions for Missing Persons (by Ljubinka Petrović-Ziemer) 29 4.1 Relevance and dynamics of dealing with the past 30 4.2 Potential, legitimacy and acceptance of TJ mechanisms 31 4.3 Guiding concepts 36 4.4 Learning processes and suggestions 37 4.5 Partners and forms of cooperation 39 4.6 Further perspectives and challenges 43 5 Analysis of Interviews with CSOs: Peace and Human Rights Activists, Journalists, War Veterans’ Unions, and Victims’ Organisations (by Ljubinka Petrović-Ziemer) 45 5.1 Relevance and dynamics of dealing with the past 46 5.2 Potential, legitimacy and acceptance of TJ mechanisms 50 5.3 Guiding concepts 55 5.4 Assessments of achievements and learning processes 59 5.5 Partners and forms of cooperation 64 5.6 Dilemmas and open questions 68 5.7 Further perspectives and challenges 69 6 Analysis of Interviews with International Actors (by Martina Fischer) 71 6.1 Relevance and dynamics of dealing with the past 72 6.2 Potential, legitimacy and acceptance of TJ mechanisms 73 6.3 Guiding concepts 78 6.4 Cooperation and learning processes 82 6.5 Further perspectives and challenges 86 7 Analysis of Interviews with Representatives of Political Parties 93 7.1 Analysis of interviews in Bosnia-Herzegovina (by Ismet Sejfija) 93 7.2 Analysis of interviews in Serbia (by Katarina Milićević) 109 7.3 Analysis of interviews in Croatia (by Srđan Dvornik) 123 8 Summary Analysis (by Martina Fischer) 131 8.1 Coherence and compatibility of concepts and approaches 132 8.2 Interaction of different actors and linkages across levels 140 8.3 Open questions 145 8.4 Further perspectives and challenges 151 9 Policy Recommendations (by Martina Fischer) 159 9.1 Recommendations for policy-makers in Bosnia-Herzegovina, Serbia and Croatia 160 9.2 Recommendations for civil society organisations in the region 162 9.3 Recommendations for international actors 163 10 References and Literature 167 Annexes 179 Acronyms Overview of the interviewed organisations (by Josefina Bajer, Martina Fischer and Ljubinka Petrović-Ziemer) 183 Maps of Bosnia-Herzegovina, Croatia and Serbia 210 Notes on the contributors 213 Preface and Acknowledgements Preface and Acknowledgments This report presents findings gathered by the research project Dealing with the Past and Peacebuilding in the Western Balkans conducted by Martina Fischer and Ljubinka Petrović-Ziemer with support of Josefina Bajer (Berlin), Srđan Dvornik (Zagreb), Katarina Milićević (Belgrade), and Ismet Sejfija (Sarajevo/Tuzla) in the period from March 2010 until April 2012. The editors are grateful to the German Foundation for Peace Research who funded the project. Special thanks go to our partners in the region of former Yugoslavia. Apart from our colleagues and co-authors mentioned above, we got valuable support by Vesna Nikolić Ristanović and her team at the Victimology Society of Serbia: Jasmina Nikolić, Sanja Copić, Bejan Sarić, and Nikola Petrović. Josefina Bajer helped to compile an overview on interviewed organisations and to prepare a bibliography on Peacebuilding and Transitional Justice in the Region. Hillary Crowe did a great job with final language editing and proof-reading of all the chapters. Furthermore we thank Hana Dvornik for translation of Chapter 7.1 and 7.3, Marija Stojanović for translating Chapter 7.2. and Duška Borovac-Knabe for her support to translate work papers. We are also grateful to Nenad Vukosavljević and Ivana Franović (Center for Nonviolent Action, Belgrade), Adnan Hasanbegović and Tamara Smidling (Center for Nonviolent Action, Sarajevo); Vladan Beara (Center for War Trauma, Novi Sad); Ahmet Alibašić (Faculty for Islamic Studies, Sarajevo); Sonja Biserko (Helsinki Committee, Belgrade) Katarina Kruhonja (Center for Peace, Osijek); Goran Bubalo (Sarajevo), Manda Prišing (Sombor, Ravangrad), Judith Brand (Sarajevo), Natascha Zupan (Bonn) and Bodo Weber (Berlin) for comments on the research design. We also want to thank the many representatives of organisations in Bosnia-Herzegovina, Croatia and Serbia who contributed to create a sample of inspiring interviews. Finally we could rely on support by our colleagues at the Berghof Foundation: We thank Beatrix Austin and Hans J. Giessmann for comments on project outlines, work reports and previous drafts of this publication; Amy Hunter and Anže Bostić for helping with transcription; Ulrike Petri for administrative support; Claus-Dieter Wild and Mir Mubashir for their help in literature research and technical support, and Astrid Fischer for a final check and desktop publishing. Martina Fischer and Ljubinka Petrović-Ziemer Abstract Abstract The study investigates initiatives for reconciliation and “dealing with the past” which were undertaken by international organisations, legal institutions and local civil society actors in response to the wars in the former Yugoslavia in the early 1990s. The coherence of objectives and strategies and their implications for peacebuilding, forms of cooperation and learning experiences, and the political resonance of the various approaches were a particular focus of interest. The research concentrated on Bosnia-Herzegovina, Serbia and Croatia, which are linked by their history of ethnopolitical conflict and are signatory states to the Dayton Peace Agreement (1995), under which they committed to cooperate in order to overcome the effects of war. The inter-country case study was carried out with input from local partners from civil society organisations and academic institutions. In all, 150 interviews were conducted in 28 municipalities. The results can be summarised as follows: Compared with other post-conflict societies, “dealing with the past” initiatives began very early in the Western Balkans and were very well-resourced by the international community. The Dayton Peace Agreement and various UN resolutions established the basis for this process. In a situation in which local institutions were unwilling or unable to investigate and prosecute war crimes and crimes against humanity to an adequate extent, the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague has made an important contribution and has successfully supported local capacity-building for this purpose. The importance of legal processes for the investigation and prosecution of the crimes committed were recognised by all the interviewees without exception, although assessments of the work of the relevant institutions vary; not all of them, by any means, enjoy unlimited confidence. Surprisingly, the assumption that peace activists would be more sceptical about processes under criminal law was not confirmed by the findings of the research. In fact, all of these actors take the view that the crimes committed during the war must be investigated in a judicial process and those responsible must be brought to justice. Furthermore, civil society actors, by and large, show little difference in their assessment of the legal institutions. The assumption that the representatives of the courts would be sceptical about the establishment of a regional truth commission, seeing it as undermining their work or challenging their authority, was also refuted by the empirical findings. However, representatives of the official Commissions for Missing Persons in particular were highly sceptical towards such an approach, for the reasons stated. The various TJ protagonists were united in their view that dealing with the past processes cannot remain a task for the criminal justice system alone. International actors in particular have focused strongly on legal processes
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