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46 Abit Hoxha, Donika Emini 6. Transnational Justice and Victims of war The chain of conflict in the Balkan Region for almost a decade has had a huge impact on the former Yugoslav countries and their political and economic systems. Besides, this had devastated the social fabric leaving thousands of people traumatized, still missing, killed and disabled. Social devastation and wars and atrocities in this regional, especially towards Muslims in BIH and ethnic Albanians in Kosovo reinforced and deepened social fragmentation in post-war society. Many scholars have raised the question how do the post-war societies and countries manage to come to cope with a history of war and violence, oppression and human rights violations The concept of transitional justice evolved from the field of international human rights movements initially aiming to the judicial process aiming to address human rights violations committed by the dictatorial regimes 28 . Nowadays, the concept of transitional justice has expanded and plays a crucial role in international law and the process of democratisation, as well as state and nation building in post-conflict countries. The concept does not include the judicial process only; it also includes truth commissions aiming to keep track of the “damages”, and reparation to the victims 29 . This process is usually led by international organizations/donors and foreign experts for the countries and societies in transition most likely post-war or authoritarian countries. Generally this process is done by reforming the state institutions focusing on the security and justice sectors and by proceeding cases towards war criminals by national and international courts. In the case of Kosovo and BiH, the process of the above mentioned reforms are being initiated and implemented by international institutions, the concerns about capacities and impartiality led to the creation of a mixed judicial system staffed by both international and national judges and prosecutors, especially in the high profile cases of war crimes 30 . Nevertheless, the International Criminal Tribunal for the former Yugoslavia (ICTY) 28 Fischer, M. (2010). Transitional Justice and Reconciliation: Theory and Practice. Berghof Foundation. Retrieved August 9, 2014, from http://www.berghof-handbook.net/documents/publicaetions/fischer 29 Riffler, V. (2010). International Journal of Rule of Law, Transitional Justice and Human Rights, Transitional Justice And Human Rights, Vol. Available at SSRN: http://ssrn.com/abstract=1736605 p. 13 30 Zupan, N. (2007). Facing the Past and Transitional Justice in Countries of Former Yugoslavia. Berlin, 332. Rocznik Instytutu Europy Środkowo-Wschodniej • Rok 12 (2014) • Zeszyt 3
Bosnia and Herzegovina in Kosovar Perspective: An Agenda for International Cooperation 47 deals with the cases of high profile war criminals, and so far this tribunal has four rather big cases ongoing 31 . The number of victims in both Kosovo and BiH is rather difficult to be estimated due to an ongoing process of finding the missing people. However, the approximate death toll as registered so far shows that in Kosovo around 16.000 32 people died, while in BiH the number of war victims is rather larger by registering around 104.000 victims 33 . Table 2. Missing Persons during the Yugoslav wars: Cases of Kosovo and BiH 34 Unaccounted/Missing Persons in the former Yugoslavia Persons that went missing during the Yugoslav Wars Bosnia-Herzegovina 30,000 Kosovo 4,400 Persons still missing or unaccounted for today Bosnia-Herzegovina 10,000 Kosovo 1,900 6.1. Reparations Reparations refer to the programs and initiatives sponsored by the state aiming to contribute repairing – moral and material – of the past abuse experienced by the victims 35 . Until now, no governmentsponsored reparation programmes for direct/ indirect victims of war have been initiated in Kosovo or BiH. 31 The case of Ratko Mladic, Vojislav Seselj, Goran Hadzic, he cases are listed on the website of the Tribunal: available at: http://www.icty.org/action/cases/4 32 Human Rights Watch. (2000). The Crisis in Kosovo. Civilian Deaths in the NATO Air Campaign. Retrieved September 21, 2014, from http://www.hrw.org/reports/2000/nato/Natbm200-01.htm 33 Zwierzchowski, J., & Tabeau, E. (2010). The Global Costs of Conflict.ICTY. Retrieved August 21, 2014, from http://www.icty.org/x/file/About/OTP/War_Demographics/en/bih_casualty_underucount_conf_paper_1 34 Der Auweraert, P. V. (2013). Reparations for Wartime Victims in the Former Yugoslavia: In Search of the Way Forward. IOM. Retrieved August 22, 2014, from https://www.iom.int/files/live/sites/ iom/files/What-We-Do/docs/Reparations-for-Wartime-Victimes-in-the-Former-Yugoslavia-In- Search-of-the-Way-Forward.pdf 35 What is Transitional Justice (2008, August 20). UN. Retrieved September 10, 2014, from http:// www.un.org/en/peacebuilding/pdf/do Rocznik Instytutu Europy Środkowo-Wschodniej • Rok 12 (2014) • Zeszyt 3
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