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Do criminal tribunals as transitional justice model have a positive influence on post-conflict reconciliation?

Ana Budimir orcid id orcid.org/0000-0002-6148-9087 ; Faculty of Political Science, University of Zagreb


Puni tekst: engleski pdf 180 Kb

str. 3-11

preuzimanja: 41

citiraj


Sažetak

This article examines the influence of criminal tribunals on post-conflict reconciliation, focusing on empirical case studies. Reconciliation involves repairing relationships and addressing past wrongdoings. Criminal tribunals, a key transitional justice model, are often seen as crucial for dealing with human rights abuses by former regimes. However, their impact on post-war societies is underexplored and often evaluated theoretically without sufficient empirical support. This article disputes the inherent benefits of criminal tribunals, highlighting their limitations and potential negative effects on reconciliation.

The first part explores the International Criminal Tribunal for the former Yugoslavia (ICTY), showing how international tribunals can negatively influence reconciliation in societies with widespread denial and political manipulation. The second part examines the local gacaca system in Rwanda, which, despite avoiding some weaknesses of international tribunals, faces issues like military influence, lack of political will, and weak legal systems. Both international and domestic tribunals risk being instrumentalized by political elites, inhibiting their contribution to reconciliation.

Ključne riječi

post-conflict reconciliation; criminal tribunals; ICTY; gacaca system

Hrčak ID:

327659

URI

https://hrcak.srce.hr/327659

Datum izdavanja:

1.12.2024.

Posjeta: 192 *