Abstract
Over the past 5 years there has been a concerted effort by the newly-established Court of Bosnia–Herzegovina to build its legitimacy within local communities through processes of public outreach and civil society capacity building. Although particular understandings of the “transitional citizen” are implied within such activities they have, to date, been left under explored in the literature on transitional justice and Bosnia–Herzegovina. However, the way in which political subjectivity is understood and is shaped at times of transition is fundamentally important for understanding how transitional justice is practiced. Thus this chapter will address a significant yet underexplored aspect of transitional justice: that of its citizen. We know from transitional justice scholars amongst others that the fostering of civic virtues, trust and behaviours are seen as vital for supporting transition towards democracy in post-war societies (de Greiff, 2008). This is the anticipated political community in reference to which reconciliation is enacted and over which it is assumed a consensus can and will develop. We suggest that there is a need to examine in detail this dynamic, both theoretically and empirically. This chapter draws on qualitative fieldwork undertaken by the three authors in both independent and collaborative projects between 2009 and 2011 in BiH to examine the type/s of citizen and political subjectivity that have emerged through processes of public outreach and civil society capacity building. This argument challenges a vision of the transitional citizen as a passive recipient of new legal or political programmes and illustrates the emergence of alternative understandings of justice and democracy through public outreach programmes.
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Notes
- 1.
It is interesting to note that in cases of war crimes the state and entity level sentencing vary greatly. For example, the CBiH uses the 2003 Criminal Code Procedure which allows for a maximum sentence in war crimes of 45 years, while in the entities the Criminal Code of the Socialist Republic of Yugoslavia is most often applied which brings with it a maximum sentence of 20 years (OSCE 2011).
- 2.
The language is Bosnian/Croatia/Serbian.
- 3.
ICTY Liaison Officer and co-instigator of the CSN, Sarajevo, 9 October 2009.
- 4.
- 5.
Interview with representative from Helsinški komitet, Bijeljina, 18 October 2009.
- 6.
Interview with representative from Helsinški komitet, Bijeljina, 18 October 2009.
- 7.
Official statistics suggest 20,000 women (mainly Muslim) were raped in BiH (European Community 1993). Yet we must remember that these statistics fail to take into account those who choose not to come forward, who have not been able to come to terms with their experiences, those who were killed, and non-Muslims victims. The statistics also do not include men who suffered sexual violence and/or rape (see Zawati 2007, p.1).
- 8.
This focuses on monetary assistance even though the law includes entitlement to professional training, employment priority, etc. which was never experienced by the survivors I spoke with.
- 9.
There is a similar law present in Republika Srpska which is the Law on the Protection of Civilian Victims of War in the Republika Srpska (Official Gazette of the RS No. 25/93, 1/94—special edition, 32/94, 37/07 and 60/07) but no existing State law and/or harmonisation of laws between the entities.
- 10.
In theory access should be granted to all entitlements under the law. The survivors I spoke with only focused on and indicated that they could access the personal monthly allowance (Jakala 2010).
- 11.
De Grieff (2008) defines reparations as “… measures that provide benefits to victims directly. This use contrasts with measure which may have reparative effects, and which may be very important (such as punishment of perpetrators, or institutional reforms), but do not distribute a direct benefit to victims themselves” (2008, p.436).
- 12.
- 13.
Life history interviews were conducted with ten female research participants from a survivor’s organisation in Sarajevo, BiH along with 22 months of intensive participant observation at the organisation.
- 14.
This is a pseudonym for the organisation.
- 15.
Whilst this research focussed on wartime rape survivors in the Federation it is known that wartime rape survivors in Republika Srpska also have means, albeit much more limited than the Federation, of claiming social assistance (see note 7). The law in Republika Srpska, “… limits the recognition of the civilian victim of war entitlements with a 5 year deadline, from the day the application of the Law started, that is from the day the person suffered damage to the body, or was killed, or went missing” (ICMP 2007a, b, introduction). This law has been amended a few times with the deadline for application set at 31 December 2007 and then later extended with a 6 month deadline (Human Rights Ombudsman BiH 2010).
- 16.
This is an issue as the organisation is known to be biased towards Muslims and not physically accessible to all survivors especially those who are unable to travel from rural areas. It also is an issue because they do not have proper psychological support available to the survivors when they retell their experiences and do not account for the fact that many already belong to victim associations and have already told these associations of their experiences (see for example Amnesty 2009; Jakala 2010).
- 17.
- 18.
- 19.
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Jones, B., Jeffrey, A., Jakala, M. (2013). The “Transitional Citizen”: Civil Society, Political Agency and Hopes for Transitional Justice in Bosnia–Herzegovina. In: Simić, O., Volčič, Z. (eds) Transitional Justice and Civil Society in the Balkans. Springer Series in Transitional Justice. Springer, New York, NY. https://doi.org/10.1007/978-1-4614-5422-9_6
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