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After Violent Conflict: Justice, Well-being, and International Criminal Courts

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Justice, Conflict and Wellbeing

Abstract

This article contributes to the empirically-based research on transitional justice by comparing different sectors associated with the ICTY’s multidimensional mandate in Bosnia, Croatia, Kosovo and Serbia. Our central proposition is that given the initial differences between Balkan states over the establishment of the court and varied levels of international involvement throughout the region, changes associated with the ICTY’s long-term mission, what we call transitional justice outcomes, should vary and there should be some clear differences in transitional justice outcomes in the Balkans. Yet, we find that this is not the case and outcomes related to progressive political change and transitional justice are fairly uniform throughout the region.

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Notes

  1. 1.

    On the concept of judicial romanticism, see Forsythe (2006), Chap. 4.

  2. 2.

    There are two notable exceptions: the research and interviews conducted by Diane F. Orentlicher in Serbia and Bosnia (see Orentlicher 2008, 2010).

  3. 3.

    Within the social sciences, “thick description” broadly refers to an examination of behavior, which includes historical, cultural, and social context as a portion of the explanation.

  4. 4.

    Reports used in this research can be found at www.freedomhouse.org; the locations of specific reports used are included in the bibliography.

  5. 5.

    For Kosovo, it was from 2008–2010.

  6. 6.

    For discussion of the World Governance Indicators, see http://info.worldbank.org/governance/wgi/pdf/rl.pdf.

  7. 7.

    Based on face-to-face interviews with 2000 adults between December 2006 and January 2007. Margin of error estimated at  ± 2 % points.

  8. 8.

    The South Eastern Europe (SEE) involved a total of 10,000 face-to-face interviews conducted during January and February 2002 in Serbia, Montenegro, and Kosovo, and also in Bosnia and Herzegovina (with two separate surveys, one for the Federation and one for Republika Srpska), Croatia, Macedonia, Bulgaria, and Romania.

  9. 9.

    Based upon interviews with 1000 or more individuals in each respective state.

  10. 10.

    Author interviews in Sarajevo and Brcko, Bosnia and Pristina, Kosovo May 2011. See also the website on the Rekom initiative at: http://www.zarekom.org.

  11. 11.

    See the extensive list on the Rekom initiative at: http://www.zarekom.org.

  12. 12.

    The authors employed a cross-sectional cluster sample survey. The survey was administered to 1,399 Kosovar Albanians living in 593 randomly selected households.

  13. 13.

    Results based on face-to-face interviews conducted in February 2007 with randomly selected samples of about 1000 residents aged 15 and older in Kosovo, Serbia, and Albania. Margin of error estimated at  ± 4 %.

  14. 14.

    As in 2003, a 3-stage stratified sample was utilized; face-to-face interviews were conducted with 1245 individuals over age 18 in August 2004.

  15. 15.

    This survey was conducted in partnership with the Belgrade Centre on Human Rights. A 3-stage, stratified, representative sampling process was utilized; 1400 face-to-face interviews were conducted with individuals over the age of 16. The sample was expanded for groups of particular interest, including the young (16–23), Albanians, and Bosniaks.

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Correspondence to Patrice C. McMahon .

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© 2014 Springer Science+Business Media New York

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McMahon, P., Miller, J. (2014). After Violent Conflict: Justice, Well-being, and International Criminal Courts. In: Bornstein, B., Wiener, R. (eds) Justice, Conflict and Wellbeing. Springer, New York, NY. https://doi.org/10.1007/978-1-4939-0623-9_8

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