In disadvantaged and dismantled societies, Transitional Justice (TJ) will lose all credibility if it has not dealt with social injustice, corruption, exploitation of resources and economic violence. Moving towards reconciliation in Bosnia and Herzegovina requires the rethinking of TJ from the very beginning, while inclusion of economic and social rights is essential for TJ effectiveness. The social security that was once enjoyed in Bosnia-Herzegovina, and included a wide range of guaranteed social and economic rights, has disappeared with the fall of the Iron Curtain and the outbreak of the Bosnian War. Bosnia went through two transitions—a post-socialist transition and a transition from war to peace. Economic liberalization, and the transition to a self-regulating free market, has contributed to the gradual increase of poverty and the huge gap between rich and poor. “Misplaced” international aid, smuggling, and the black market created new elites, primarily enriched by the “war advantage.” This burdens poorer households, further entrenching, and even exacerbating, the injustices that underpin conflict in the first place. In this sense, all citizens of BiH, apart from the political elites that profited from the war—widely known as war-profiteers—could be considered victims of transition. The question is how to deal with violations of economic and social rights committed not only during conflict, but also after conflict by tycoons and regional interest groups who, through greedy privatization and corruption, brought this society to the edge of existence. Transitioning to economic liberalization left a space for structural violence by elites that any existing Transitional Justice mechanism failed to anticipate. These economic degradations brought about by such individuals have caused tremendous suffering for the entire society and go without punishment. In the context of Transitional Justice (TJ), it is important to mention that, as a result of Cold War confrontations, the notion of civil and political rights, as recognized by Western liberals, was introduced as the core of society; violation of such rights soon became a cornerstone of International Law. In the Eastern bloc, which then primarily consisted of communist countries, priority was placed on economic and social rights as a function of the socialist state. Several factors, including the fall of communism, Western supremacy, and a shift toward economic liberalization resulted in the enforcement of Western values in the East, thus placing civil and political rights as priority over economic and social rights. Consequently, human rights violations during war and transition are now presented in a more political nature without connection to economic realities, therefore, my argument asserts that TJ has also become more connected with civil and political rights and often fails to deal with an essential and integral point—economic crimes within transition. Thus, maximum potential to transform society with regard to truth and reconciliation cannot be reached without expansion of a TJ paradigm geared toward the inclusion of social and economic rights. Let us now consider the development of TJ and its mechanisms. During the late 1980s, Ruti Teitel, for the first time, formulated TJ in a technical way. The term was widely discussed and criticized because it combined two apparently irreconcilable elements: the idea of justice and the idea of change, which mark both tragedy and hope. In search of a stable and peaceful society, new governments, with support from the international community, developed a set of mechanisms broadly known as Transitional Justice Mechanisms, which would presumably help societies face their past and move toward a democratic, rights-based future. TJ consists of both judicial and non-judicial processes, including prosecution initiatives, the facilitation of initiatives related to the right to truth, the delivery of reparations, institutional reform, and national consultations. Those mechanisms have two primary aims: to provide relief for the victims and to create or enhance opportunities for the transformation of political systems and social processes. TJ is not some special form of justice, but rather a justice adapted to societies undergoing transformation. In a broader sense, TJ refers to how societies overcome social divisions or seek reconciliation, and how they create a justice system to prevent future atrocities. There is a limited scope that effectively addresses the underlying and contributing factors to conflict and oppression, such as social, economic, and cultural discrimination or deprivation.
Security Journal
The Social and Economic Dimensions of Transitional Justice | Balkan Diskurs
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