The impact of certain aspects of international criminal justice upon interdependent processes of democratization and reconciliation in Bosnia and Herzegovina

Abstract

It is difficult to assess the processes of democratization and reconciliation in post-conflict societies. The factors that affect reconciliation are yet to be fully determine in the academic literature. It is also unclear to what extent each element may promote or obstruct the reconciliation process. The author explores the interrelation and interdependence of the concepts of democratization and reconciliation on the example of the post-conflict region of Bosnia and Herzegovina, and focuses on the impact of international criminal justice upon the processes of democratization and reconciliation. The article covers the current political situation in Bosnia and Herzegovina, as well as assesses the performance of the institutions of international justice, such as the International Criminal Tribunal for the Former Yugoslavia. The author believes that the literature missed so factors that may contribute to reconciliation. An assumption is made that released prisoners may influence the reconciliation process, and this should be viewed as a separate and crucial sub-factor of the consequences of international criminal justice. The author recommends to use all available information and carry out quantitative research in the affected region, assessing public opinion with application of a more nuanced approach towards differentiation of the aspects of international criminal justice. Analysis is conducted on the limited impact of international justice upon the reconciliation process. A hypothesis is advances on interrelation between the aforementioned sub-factor and the processes of reconciliation and democratization.