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Judicial Commission (IJC) in March 2001. 170 This agency later undertook the coordinating role previously enjoyed by the OHR Human Rights and Rule of Law Department. 171 In fact, “judicial reform mandate was transferred from the UN to OHR in December 2000, and the UN Judicial Assessment Program (JSAP) was reborn as the Independent Judicial Commission (IJC).” 172 OHR conveys that IJC have a clear mandate with a strict timeline to complete the judicial reform in BiH. In short, the rule of law and equality of individuals before law regardless of their ethnic background are prerequisites for the establishment of viable democratic state. They are also indivisible components of peace building. In the absence of rule of law BiH can not survive and join European structures. 173 The rule of law requires judges and prosecutors who are independent and fair; it also requires the application of modern legal and criminal procedures to protect the rights of the citizens. 174 Every citizen should have equal right to a fair and non-discriminatory judicial system, which the decisions are recognized and enforced throughout BiH. 175 On the contrary, rule of law is weak in Bosnia and Herzegovina. What exist in its place has been “nationally defined politics, inconsistency in the application of law, corrupt and incompetent courts, a fragmented judicial space, and half implemented reforms.” 176 As a result, respect for law and confidence in law is weak. Therefore, the Mission Implementation Plan 2004 of OHR, which sets out the issues remaining without progress and accordingly deciding on the core tasks included restructuring the judiciary and adopting new criminal codes. 177 170 Decision on the Establishment of the Independent Judicial Commission, No. 94/01, http://www.ohr.int. Cited in Per Bergling, ‘Judicial Reform under International Law: Notes from Bosnia’, p. 493. 171 Per Bergling, ‘Judicial Reform under International Law: Notes from Bosnia’, p. 493. 172 ‘Bosnia: Reshaping the International Machinery, International Crisis Group’, Balkans Report No. 121, Sarajevo/ Brussels, 29 November 2001, http://www.crisisweb.org, p. 16. 173 ‘Our Reform Agenda- The Rule of Law’, http://www.ohr.int., p. 1. 174 Ibid., p. 1. 175 ‘OHR Mission Implementation Plan 2004’, February 2004, http://www.ohr.int, p. 3. 176 . Courting Disaster: The Misrule of Law in Bosnia and Herzegovina’, International Crisis Group, Balkans Report No. 127, Sarajevo/ Brussels, 25 March 2002, http://www.crisisweb.org, p. i. 177 ‘OHR Mission Implementation Plan 2004’, February 2004, http://www.ohr.int, p. 3. 106
For the sake of peace and stability upholding reforms on main laws, development of an independent judicial and prosecutorial service, state level justice institutions, reconstruction of courts and criminal law enforcement, and domestic prosecution of war crimes were all put on the agenda and displayed as core tasks and priorities for making significant progress. 178 In 2005, strengthening the rule of law in Bosnia is still among the primary undertakings of the international community. 178 Ibid., pp. 3-5. 107
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PEACE BUILDING AFTER HUMANITARIAN I
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PLAGIARISM I hereby declare that al
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Failure of institutionalization of
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aşarısızlığını ortaya çıka
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ACKNOWLEDGEMENTS I express sincere
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2.5.2 Lack of Commitment...........
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7 LESSONS LEARNT AND NOT LEARNT FRO
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CHAPTER 1 INTRODUCTION Peace buildi
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shortcomings of the various instrum
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consensus on the probability that r
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Some work undertakes merely the ret
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and International Crises Group, whi
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continues to the implementation of
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concept and make its place in inter
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Since there is no specific referenc
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include measures to avoid its repet
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which is a “vague operational tar
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time.” 27 Subsequently, the usual
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In general, main objective of peace
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2. 4.1 Governance Reform Internal c
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the former combatants are very impo
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nature of the interim institutions
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een used as an indicator of re-esta
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established by a number of peace ac
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2.5.2 Lack of Commitment The concep
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paralyzing the rebuilding efforts o
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subject to structural reforms as in
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the entire basket of postwar needs,
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CHAPTER 3 INTERVENTION FOR PEACE: T
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When the European Community (EC) re
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cleansing defined manifestly as the
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need to distinguish who is the aggr
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forces.” 33 One month later, five
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policing. The central government of
Page 69 and 70: In sum, the main changes from the f
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Page 77 and 78: incorporate Annex 2 and 3 which are
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Page 81 and 82: Accords gave the Office of the High
Page 83 and 84: epresentatives, economic sanctions
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Page 89 and 90: and the wide-ranging autonomy of th
Page 91 and 92: 4.1.1.1 Constitutional Reforms The
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Page 97 and 98: Society Program many local NGOs wer
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Page 101 and 102: effective and legitimate forms of g
Page 103 and 104: peace. 86 This lead to the establis
Page 105 and 106: environment” and the presence of
Page 107 and 108: eason that NATO works merely with s
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Page 111: New York, IPTF officers complained
Page 114 and 115: European and international practice
Page 116 and 117: In sum, IPTF was mandated by UN Sec
Page 118 and 119: Contrary to most other states, the
Page 122 and 123: CHAPTER 5 IMPLEMENTATION OF DAYTON
Page 124 and 125: Rulings of the PEC superseded pre-e
Page 126 and 127: societies, the integrative capacity
Page 128 and 129: Since the establishment of Bosnian
Page 130 and 131: those who had lower stance during t
Page 132 and 133: The party generally works together
Page 134 and 135: and constitutional dilemmas after r
Page 136 and 137: long process of reconciliation and
Page 138 and 139: the SDS and her closest opponent wa
Page 140 and 141: Source: Organization for Security a
Page 142 and 143: person.” 81 It is clear that most
Page 144 and 145: Number of voters who cast ballots 2
Page 146 and 147: to change the political scene.” 1
Page 148 and 149: the expense of larger parties altho
Page 150 and 151: parties.” 123 However, the succes
Page 152 and 153: each other. 128 “If Bosnia is to
Page 154 and 155: Declaration of the Peace Implementa
Page 156 and 157: The new Election Law 143 of BiH end
Page 158 and 159: However, the OSCE election experts
Page 160 and 161: electoral process which, while in l
Page 162 and 163: gave advantage to the ethnic partie
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Page 166 and 167: Stability Initiative Report, 22 Mar
Page 168 and 169: een eradicated in BiH national part
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take part in the election campaigns
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contributed to keep nationalist pol
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Civil society building becomes a pr
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question the role international com
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international personnel can do a li
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of the foreign donors. Although fro
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From a more technical point of view
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to be the “second after the Nazi
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mechanism to address human rights v
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functioned similar to the European
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standing of the parties, which was
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(MHRR) to this end. The MHRR as a c
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whose office in Bosnia is responsib
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contributions for pension and healt
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Additionally, as part of the larges
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uilding. 73 Therefore, the majority
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justice in peace building process,
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of cooperation with international c
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wait for the trail. This policy pro
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information gathered by the Bosnian
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War Crimes Chamber decided to be st
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improved the level of Dayton implem
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will definitely influence the succe
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For this end, the OSCE started to c
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Croat history books. Nevertheless,
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Herzegovina. 168 In this respect, A
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Moreover, the organization works to
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seeking to return to their pre-war
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operation in management and the imp
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first years of Dayton implementatio
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and political control as well as fo
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“682,365 persons, of 74% of the t
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Table 9: Returns Summary to BiH fro
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There has been a hostile environmen
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country was mine infected, or that
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ensure successful refugee return, r
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utilities and health care and repre
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The progress especially in the Repu
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activities towards the full impleme
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persons, refugees and returnees. Ne
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Returnees should be assured the sam
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the various international instituti
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contaminated by institutional pride
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CHAPTER 7 LESSONS LEARNT AND NOT LE
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1990 that operated with no trouble.
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7.2 Rambouillet Accords and the Imp
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the KLA and the Yugoslav government
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Reconstruction UNMIK Administration
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General sought to establish a clear
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more limited especially in the begi
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plan in December 2003 conditioning
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Serb military and police forces.’
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directly to support the UN mission.
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7.4.2.3 Judicial Reform One of the
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“security environment on the grou
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of Bosnia moderate forces have been
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once the issue of human rights in a
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ethnic violence and crimes committe
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on Education and Youth and UNMIK De
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The UNSCR 1244 gave the responsibil
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international body for the resoluti
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authorities needs to be re-examined
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field. 196 The wider implications o
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community and the UN ever.” 206 Y
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CHAPTER 8 CONCLUSION Peace building
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At this point, the peace building p
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institutions as well as implement t
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Nevertheless, the local police coul
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instruments provide standards for t
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dissertation found out that returne
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Moreover, the same instruments of p
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Bergling, Per, ‘Judicial Reform u
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Demichelis, Julia, ‘NGOs and Peac
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Democracy and Human Rights in Multi
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International Crisis Group, ‘Koso
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OHR, ‘Decision on the Establishme
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Putnam, Tonya L., ‘Human Rights a
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UN, ‘S.C. Res. 781’, U.N. SCOR,
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APPENDICIES APPENDIX A DAYTON PEACE
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This Agreement shall enter into for
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Parties shall respond to alleged vi
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d. The Parties immediately after th
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Fire Zone of Separation which are f
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. The IFOR Commander shall have sol
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to the Joint Military Commission an
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7. NATO military personnel under al
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Article II: Confidence- and Securit
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pursuant to Annex 1-A to the Genera
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2. Elections. The Parties request t
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Annex 4: Constitution - Constitutio
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commitments or statements relating
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3. Procedures. a. Each chamber shal
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g. Reporting as requested, but not
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1. The Parliamentary Assembly shall
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For the Republika Srpska Annex 5: A
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2. The Ombudsman shall be appointed
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2. If the Chamber succeeds in effec
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13. 1989 Convention on the Rights o
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The Parties hereby establish an ind
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The Commission shall promulgate suc
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Bearing in mind that reconstruction
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f. Report periodically on progress
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6. The Parties shall accord the IPT
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APPENDIX B MAP OF BOSNIA AND HERZEG
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Determined to ensure the safety and
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17. Welcomes the work in hand in th
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Notes 1. Other required elements: o
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Bu temelde çalışmanın esas soru
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toplumun Bosna ve Hersek’teki bar
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arış inşasıyla ilgilenmeyen mil
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sonrası barış inşa çabaların
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2003 Courses taught: International
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