Mir mirovnim sredstvima / Peace by Peaceful Means

Restorativni mehanizmi tranzicijske pravde / Restorative Mechanisms of Transitional Justice

Abstract

The exclusive application of judicial or retributive responses to mass atrocities and serious human rights violations was left in the twentieth century. Today, post-conflict and pre-democratic transitional states have the need to, or to a significant extent, are applying(-ed) non-judicial or restorative mechanisms of transitional justice. This paper explains the concepts and mechanisms of restorative transitional justice by referring to exemplary cases; it critically analyzes the functionality of restorative mechanisms of transitional justice. The society in Bosnia and Herzegovina is still in the phase of transition, a phase of peace building, therefore this paper has social relevance. Although, much is written about transitional justice in Bosnia and Herzegovina, there is a lack of a systematic account of restorative mechanisms. At least theoretically, effects of the non-judicial mechanisms are much stronger when compared to the judicial mechanisms. It can be concluded that structural and resource problems are preventing adequate enforcement of non-judical mechanisms. Additional empirical research in the field of transitional justice is needed to determine the causes of disadvantages, advantages and contextual phenomena.