Bosnia

Don’t throw out the baby with the bath water: How not to misread an EU request about foreign judges at the Constitutional Court of Bosnia and Herzegovina

Abstract

The role of a Constitutional Court is central, even more so after a conflict in deeply divided societies. Foreign judges may strengthen the judicial independence, authority, and accountability of a court. However, the consideration of their role is strongly related to the context, including the role of the International Community. Experience suggests that there is positive potential for the use of foreign judges in stabilizing post-conflict situations; however, over time they may risk becoming a divisive factor themselves, as recently in the case of Bosnia and Herzegovina. This, and the preparation for EU accession, makes it necessary (or at least advisable) to adapt their guarantee function, write Jens Woelk and Harun Išerić.

 

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Posted by Jens Woelk and Harun Išeric in Case Studies, 0 comments
Guaranteeing Federalism in Post-Conflict Societies

Guaranteeing Federalism in Post-Conflict Societies

Abstract

Federalism is at the heart of many current and proposed conflict resolution settlements. It provides territorially concentrated groups, usually those that are minorities within the wider state, with autonomy over a range of matters. Yet such arrangements are often unhappy compromises, with identity groups pursuing higher levels of autonomy, up to and including secession or unification with a neighbouring kin-state, and central government seeking to limit the level of autonomy to retain power and protect against state break-up. The compromise nature of such measures and the post-conflict context in which they operate makes them inherently unstable. This paper assesses the potential of guarantee mechanisms to overcome the innate instability of federlaism as a conflict resolution mechanism by examining two cases, Bosnia, and Iraq, where federalism was a key element of a political agreement aimed at ameliorating intra-state group based conflict.

 

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Posted by Dawn Walsh in Federalism and Conflict, 0 comments
A Federation like no other: The Case of Bosnia and Herzegovina

A Federation like no other: The Case of Bosnia and Herzegovina

Abstract

Bosnia and Herzegovina is a complex state composed of two entities: the Federation of BiH and Republika Srpska, and one independent unit – Brčko District, as well as three constituent peoples: Bosniaks, Croats and Serbs. The Constitution does not mention the word federation, thus it is not formally defined whether BiH has a federal or confederal character. Strengthened competences of the state and a clear direction towards greater empowerment of the state level institutions suggest a movement from a confederation to a federation. However, while there is no agreement on what exactly Bosnia is, what is even more alarming is the abuse of the concept of federalism by Bosnian elites. Serbs consciously misinterpret federalism to underline their demand for more autonomy and, ultimately, secession. Croats see federalism as a tool to argue for a third entity, while Bosniaks promote the idea of regionalism instead. Thus, despite the fact that it has been twenty years since the first post-war elections, nothing has really changed; Bosnia and Herzegovina remains a highly unbalanced and badly constructed federation.

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Posted by Aleksandra Zdeb in Case Studies, 0 comments
Federalism: A Tool for Conflict Resolution?

Federalism: A Tool for Conflict Resolution?

Abstract

Federalism has become increasingly used as a tool of conflict resolution in the post-Cold War era. This contribution discusses the rationale in using federalism as a tool of peace-building, conflict resolution and democratisation in deeply divided, ethnically heterogeneous and post-conflict societies. In doing so, it is highlighted how federalism can serve as an acceptable and viable solution for different ethnic groups because of its emphasis on autonomy and territorial integrity. The contribution also demonstrates that federalism is not able to solve all problems in ethnically heterogeneous societies and that further research is needed in order to understand the conditions in which federalism can be used to end conflict and bring peace and democracy to divided countries.

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Posted by Paul Anderson and Soeren Keil in Federalism and Conflict, 0 comments