Retributivni odgovori tranzicijske pravde u Bosni i Hercegovini
Retributive responses of transitional justice in Bosnia and Herzegovina

Summary/Abstract: The retributive mechanisms of transitional justice seek to provide answers to crimes from the past, to bring those responsible to justice and in this way provide a kind of satisfaction to the victim, and represent an opportunity to prevent possible future crimes. It seems that the retributive mechanisms had the greatest reach in Bosnia and Herzegovina. Numerous authors advocate that Bosnia and Herzegovina represents the best example of retributive responses of transitional justice compared to other post-conflict countries. In this paper, there is no agreement for such a position. In contrast, retributive responses had numerous shortcomings such as extremely slow processes and lack of a unique and strategic approach in practices. This paper reviews the retributive responses of Bosnia and Herzegovina to war crimes, crimes against humanity and genocide, which includes institutional, framework normative elements and relevant policies to combat the crimes that are the subject of this paper. Based on the review of the literature and the state of the responses, the basis for the argument that retributive responses were necessary, but mostly unsuccessful, is developed. It is concluded that retributive responses could never achieve the preventive effects advocated by transitional justice because the restorative mechanisms of transitional justice either did not exist (e.g. lustrations) or were not tailored to achieve an adequate effect (e.g. reparations, Truth and Reconciliation Commissions).

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