1 2 INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS Year 11, Volume 11 ISSN 2232-7541 3 4 5 INTERNATIONAL JOURNAL OF RULE OF LAW, TRANSITIONAL JUSTICE AND HUMAN RIGHTS Year 11, Volume 11 Authors: Published by: Aldina Jahić Konrad-Adenauer-Stiftung e.V. Anton Holten Nielsen Tiergartenstraße 35 Benjamin Nurkić D-10785 Berlin Ebru Demir Germany Hristina Crenn Phone: +49 30 269 96 453 Leonie Schiedek Fax: +49 30 269 96 555 Maria Emilia Lehne Cerrón Website: www.kas.de Mihail Stojanoski Milena Schellenberger Rule of Law Programme South East Raluca Colojoară Europe Selma Mustafić Konrad-Adenauer-Stiftung e.V. 5 Franzelarilor Street Editor (Editor-in-Chief): Sector 2 Adnan Kadribasic RO-020785 Bucharest Romania Tel.: +40 21 302 02 63 For the Publisher: Fax: +40 21 323 31 27 Almin Skrijelj e-mail: [email protected] Website: www.kas.de/rspsoe and Print run: 600 Association "PRAVNIK" Sarajevo, December 2020 Bajrama Hasanovica 18 Sarajevo, 71000 Bosnia and Herzegovina e-mail: [email protected] Website: www.pravnik-online.info CIP Cataloguing in Publication Data available from National and University Library of Bosnia and Herzegovina ISSN 2232-7541 The present publication is distributed free of charge. The responsibility of the content of this publication lies exclusively with the authors. 6 7 CONTENTS TOWARDS A SHARED FUTURE: EVALUATING THE PROCESS AND STRUCTURE OF EUROPEANIZATION AND CONDITIONALITY AS EU ACCESSION TOOLS FOR BOSNIA- HERZEGOVINA ............................................................................................................... 11 BY ANTON HOLTEN NIELSEN ................................................................................... 11 AMNESTY AND HUMAN RIGHTS – THE CASE OF EL SALVADOR .................................... 23 BY MILENA SCHELLENBERGER ................................................................................ 23 THE TRUTH AND RECONCILIATION COMMISSION IN PERU – THE VICTIMS’ RIGHT TO TRUTH AND JUSTICE ..................................................................................................... 37 BY MARIA EMILIA LEHNE CERRÓN ........................................................................... 37 FAKE NEWS, CHILD-KIDNAPPING GANGS AND VIOLENCE AGAINST THE ROMA COMMUNITY IN FRANCE: MAKING SOCIAL MEDIA ACCOUNTABLE ............................... 53 BY MIHAIL STOJANOSKI ......................................................................................... 53 THE TRANSITIONAL SOCIETY OF THE BOSNIAN CASE: THE WOMEN’S EFFORTS DURING THE ERA OF PEACE RESOLUTION AND POST-CONFLICT RECONSTRUCTION .................. 67 BY HRISTINA CRENN .............................................................................................. 67 SLOVENIA'S FRAGMENTED PAST ................................................................................... 79 BY SELMA MUSTAFIĆ ............................................................................................. 79 TRANSITIONAL JUSTICE IN POST DICTATORSHIP BRAZIL AND ITS CONSEQUENCES FOR BOLSONARO’S ELECTION 2018 ...................................................................................... 93 BY LEONIE SCHIEDEK ............................................................................................ 93 ONGOING VIOLENCE AGAINST WOMEN IN POST-WAR BOSNIA AND HERZEGOVINA: NOTES FROM THE FIELD ............................................................................................. 109 BY EBRU DEMIR ................................................................................................. 109 THE RULE OF LAW CRISIS AND SELF-INCURRED IMMATURITY .................................. 131 BY BENJAMIN NURKIĆ AND ALDINA JAHIĆ ............................................................... 131 THE VICIOUS CIRCLE OF LIFE ON THE ROMANIAN POLITICAL SCENE ....................... 145 BY RALUCA COLOJOARĂ ....................................................................................... 145 8 FOREWORD This issue of the International Journal on Rule of Law, Transitional Justice and Human Rights in front of you is already the eleventh edition of an annual, peer-reviewed academic journal, co- published by the Association “Pravnik” and the Konrad-Adenauer-Stiftung’s Rule of Law Programme South East Europe. The International Journal is a direct output of the International Summer School Sarajevo (ISSS) which our two organisations co-organise since 2006. Over a period of 14 years, the ISSS has attracted more than four hundred students and young professionals from Europe, Asia and the Americas. After each edition of the ISSS, our aim was to engage our alumni to contribute to academic discussion with their papers on contemporary topics such as Rule of Law, Transitional Justice or Human Rights. An additional goal is to promote an interdisciplinary approach and build bridges between academia and practitioners in these relevant areas. With the origins of the transitional justice work dating back to the post-World War II period in Europa with the establishment of the International Military Tribunal at Nuremberg, transitional justice has played a key role in the last decades. One major step was the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993. What started as an ad hoc measure quickly became a role model: Since the creation of the ICTY, several international courts have been established to respond to revolting atrocities just like in Rwanda or Cambodia, and a permanent International Criminal Court is now operating in The Hague. In addition, the work of these courts have favoured investigations by national jurisdiction and generated a rich jurisprudence of international humanitarian law. These achievements don’t deprive transitional justice from its uninterrupted importance. Many problems all over the world remain unsolved, constituting an inexhaustible source for its application. This is proved by the variety of topics chosen by the authors of this Journal: It ranges from amnesty and human rights in El Salvador to gender transformation justice in Bosnia and Herzegovina, giving examples from Latin American countries as well as from Europe. By doing so, it does not only give an overview of the current worldwide situation of transitional justice, but also suggests alternative and critical approaches to contemporary challenges of transitional justice. Just like the previous ten editions, the Journal will be open to the public as it represents the ISSS’ contribution to global efforts in analysing, understanding and teaching about the rule of law, transitional justice and human rights. Hartmut Rank Almin Škrijelj Director President Rule of Law Programme Association “Pravnik South East Europe Konrad-Adenauer-Stiftung 9 10 Towards A Shared Future: Evaluating the Process and Structure of Europeanization and Conditionality as EU Accession Tools for Bosnia- Herzegovina By Anton Holten Nielsen ABSTRACT Since the Dayton Peace Agreement, the EU’s engagement with Bosnia-Herzegovina and the Balkans in general has gone through sporadic periods of intensifying cooperation and uncertain disillusion. However, considering the recent geopolitical rivalry between the West and Russia and China in the region, the EU now has a vested interest in strengthening its accession framework. Hence, this article seeks to trace the trajectory of Europeanization and conditionality as EU accession tools for Bosnia-Herzegovina in order to evaluate the modern relationship between the two entities, the remaining reform challenges and thus the possibility of future accession talks. The article analyses the European Commission’s most recent key priorities for Bosnia-Herzegovina by outlining the meaning of Europeanization and conditionality and the formal onship between the EU and Bosnia-Herzegovina. Finally, the article weighs the likelihood of EU-complying reform in Bosnia- Herzegovina against the likelihood of the country moving closer to the EU in the future. Anton Holten Nielsen is a student at the Political Science Camp; Government at the University of Copenhagen where he will finish his degree in 2021. He isinterested in the intersection between law and politics in shaping and reconciling trauma in post-conflict societies, specifically how to create durable and inclusive institutions. He’s interstes lie in diplomacy, policy development, and human rights. 11 Introduction EU. The goal of this article is to Since its inception the European Union highlight historical and structural (EU) has increased in size through changes in the formal relationship several rounds of accession between the two entities and to point to negotiations1. The enlargement process remaining challenges and future has expanded the internal market, and possibilities for Bosnia-Herzegovina’s since the 1990’s also the EU’s EU membership. This analytical scope regulatory and normative power2. Yet it provides background to future is not only new member states that feel research on Bosnia-Herzegovina’s these effects. Both ‘potential candidate’ prospects as an EU candidate country. and ‘candidate’ countries, many of Hence, this article does not attempt to them in the Western Balkans, are fill the existing research gap on the experiencing the effects of having to EU’s transformative power in adapt to increasingly complex EU Southeast Europe, and it does not seek standards and the more fundamental to explain the demands and changes membership criteria such as the that Europeanization has led to in ‘acquis communautaire’ and a certain