The conference on “The Future of the Rule of Law and Democracy in Europe” took place on 14 December 2018 at the Faculty of Government and European Studies of Nova Univerza in Ljubljana, Slovenia. The keynote speech on the rule of law was delivered by Martins Mits, judge at the European Court of Human Rights.
Izšla je nova številka revije Dignitas – slovenske revije za človekove pravice (št. 77-78, 2018), ki vsebuje spodnje prispevke.
Jernej Letnar Černič’s new article on “The European Court of Human Rights in the States of the Former Yugoslavia” has been published in the inaugural issue of the East European Yearbook on Human Rights.
Inštitut Nove revije je 17. novembra 2017 izdal zbornik z naslovom “Spoprijem z razmerami in razmerji v Sloveniji”. Iz opisa zbornika “Poglavitni namen tematskih razprav in posvetov, ki jih že vrsto let prireja Inštitut Nove revije, pogosto tudi v sodelovanju z zainteresiranimi inštitucijami doma in v tujini, je, da se uveljavi vodilo spoprijema namesto spopadanja, ki se ga ne uspemo otresti iz preteklosti, kar onemogoča produktivno družbeno argumentacijo….Izobraževalni, kulturni, znanstveni, tehnološki, okoljski, medijski, religijski, gospodarski, finančni, politični in drugi sistemski vidiki upravljanja družbe izgubijo svojo tehtnost, kolikor ti ne izkazujejo odgovornosti do bivanja državljanov in državljank ter humanega dostojanstva. Zato je na vseh omenjenih družbenih področjih in v celoti potreben spoprijem z razmerami in razmerji v Sloveniji”.
The Graduate School of Government and European Studies, together with the European School of Law, convenes today and tomorrow, 10-11 November 2017, the conference on »The impact of the European Institutions on the Rule of Law and Human Rights Protection in Central and Eastern Europe« in Brdo pri Kranju, Slovenia. The conference starts today with the keynote by Professor Gabor Halmai of the European University Institute. For the detailed program, see here.
Gentian Zyberi and Jernej Letnar Černič have published article on “Transitional Justice Processes and Reconciliation in the Former Yugoslavia: Challenges and Prospects”, Nordic Journal of Human Rights, Volume 33, Issue 2, 2015. Here is the abstract :
This article aims to assess the achievements and challenges facing the transitional justice processes that have taken place in the countries most affected by the armed conflicts resulting in the violent dissolution of the former Yugoslavia and whether, and to what extent, these processes have furthered inter-ethnic reconciliation. The two variables used for this purpose are the scope of individual criminal accountability for war crimes and the scope of reparations provided to victims of the armed conflicts occurring throughout the 1990s and in the early 2000s. The following analysis combines an assessment of relevant international and domestic efforts. Thus, first, the article analyses the impact of the International Criminal Tribunal for the former Yugoslavia (ICTY or tribunal) in the transitional justice processes in Croatia, Bosnia and Herzegovina (Bosnia or BiH), the former Yugoslav Republic of Macedonia (Macedonia), Serbia, and Kosovo. Over the last 20 years the tribunal has investigated and prosecuted a considerable number of individuals for mass atrocity crimes. Subsequently, the focus shifts to assessing the domestic efforts surrounding the prosecution of war crimes and awarding of reparations for victims of the armed conflicts in these countries. The article argues that lack of sufficient coordination and close cooperation between international stakeholders and a general reticence on the part of the national authorities to engage meaningfully with past wrongs have resulted in a situation where many perpetrators of war crimes remain unpunished and individual victims have barely received any reparations. The article holds that for the ongoing transitional justice processes to meaningfully further inter-ethnic reconciliation in the republics emerging from the former Yugoslavia, continued legal reforms and a pluralistic public discourse, which embrace a strong focus on the rights of victims of war crimes, are necessary.
Agata Fijalkowski and Raluca Grosescu have co-edited a new book on “Transitional Criminal Justice in Post-Dictatorial and Post-Conflict Societies” (Intersentia, 2015). Here is its abstract :
This volume considers the important and timely question of criminal justice as a method of addressing state violence committed by non-democratic regimes. The book’s main objectives concern a fresh, contemporary, and critical analysis of transitional criminal justice as a concept and its related measures, beginning with the initiatives that have been put in place with the fall of the Communist regimes in Europe in 1989.
The project argues for rethinking and revisiting filters that scholars use to interpret main issues of transitional criminal justice, such as: the relationship between judicial accountability, democratisation and politics in transitional societies; the role of successor trials in rewriting history; the interaction between domestic and international actors and specific initiatives in shaping transitional justice; and the paradox of time in enhancing accountability for human rights violations. In order to accomplish this, the volume considers cases of domestic accountability in the post-1989 era, from different geographical areas, such as Europe, Asia and Africa, in relation to key events from various periods of time. In this way the approach, which investigates space and time-lines in key examples, also takes into account a longitudinal study of transitional criminal justice itself.