Tarptautinio baudžiamojo tribunolo buvusiai Jugoslavijai įtaka susitaikymui Bosnijoje ir Hercegovinoje ; The Impact of the International Criminal Tribunal for Former Yugoslavia on Reconciliation in Bosnia and Herzegovina

Abstract

Dissertation aims to empirically test the theoretical hypotheses raised by the first wave of scholarship in the field of transitional justice about the supposed benefits of transitional justice institutions. It focuses on the International Criminal Tribunal for Former Yugoslavia (ICTY) and attempts to trace the impact it may have had on societal reconciliation in Bosnia and Herzegovina (BiH). The analysis starts with defining and operationalizing the concept of reconciliation and continues with conceptualization of hypothetical causal mechanisms that could explain ICTYs impact. The mechanisms are tested with data gathered during 3 consecutive fieldworks in BiH (69 semi-structured interviews, archival analysis, participant observation, international organizations' and city administration's reports, etc.). Finally, alternative causal explanations, such as the possibility of spontaneous reconciliation occurring out of natural need to move on and rebuild a war-torn society and the possibility of reconciliation occurring due to international pressure to democratize are considered and empirically tested. It is concluded that ICTY exerted its influence via two interdependent causal mechanisms of horizontal and vertical trust building. Several scope conditions are identified that help to generalize the research conclusions to other cases. By proving the existence of such causal mechanisms and refuting the alternative causal explanations, ICTYs impact is confirmed and proven to have been necessary for reconciliation to occur in BiH.