Bringing together a range of contributors from multiple countries, this interdisciplinary volume offers a unique field view of the rule of law and human rights reform in the reconciliation and reconstruction process. The contributors all worked in Bosnia and Herzegovina during the ten years after the Dayton Peace Accords were signed; here they pause to analyze and critique the work they did. The contributors offer insights from within a variety of international organizations, including the Office of the High Representative, the Organization for Security and Cooperation and Europe, and the United Nations. Allowing those who were in the field to identify, discuss and reflect upon the programmes and policies, the collection reveals how the programmes were created, what laws they were pursuant to, and what alternatives were rejected and why. The authors not only assess both the positive and negative aspects and outcomes of their work, but also comment on lessons learned for future post-conflict reconstruction scenarios.
Table of Contents
Contents: Foreword, Margareta Wahlstrom and Marco Toscano Rivalta; Introduction, Dina Francesca Haynes; Part I Theory and Critique: The Deus ex machina descends: the laws, priorities and players central to the international administration of post-conflict Bosnia and Herzegovina, Dina Francesca Haynes; 'Home' and return in the Bosnian foreign intervention: an anthropological critique, Stef Jansen; Assuming Bosnia: taking polities seriously in ethnically divided states, Timothy William Waters; Assessing the accountability of the High Representative, Rebecca Everly; Equality after genocide: jurisprudence of the legal institutions established in Dayton's Bosnia, Sheri P. Rosenberg. Part II Practice and Programs: The Dayton dialectic: the significance of property deprivation and repossession in the context of ethnic cleansing, Charles Philpott and Rhodri C. William ; Tackling obstruction to property rights and return: a critical assessment of the practice of removing housing officials in Bosnia and Herzegovina, Massimo Moratti; Addressing corruption and organized crime in the context of re-establishing the rule of law, Sebastian van de Vliet; The elephant in the room: defense reform in Bosnia, Ric Bainter; Rule of law: from the International Criminal Tribunal for the former Yugoslavia to the War Crimes Chamber of Bosnia and Herzegovina, Fidelma Donlon; Bibliography; Index.
Dina Francesca Haynes teaches Immigration, Refugee, and Asylum Law at NELS, and has taught the same at the Foundation for International Studies at the University of Malta. She worked extensively in human rights in Bosnia, Herzegovina, Serbia, and Montenegro from 2000-2002, and has published many law review articles on related topics. She is a contributor to Bullard's Human Rights in Crisis (Ashgate, 2008).