MIR MIROVNIM SREDSTVIMA: RESTORATIVNI MEHANIZMI TRANZICIJSKE PRAVDE
PEACE BY PEACEFUL MEANS: RESTORATIVE MECHANISMS OF TRANSITIONAL JUSTICE

Summary/Abstract: The exclusive application of judicial or retributive responses to mass atrocities and serious human rights violations was left in the twentieth century. Today, postconflict 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 nonjudical mechanisms. Additional empirical research in the field of transitional justice is needed to determine the causes of disadvantages, advantages and contextual phenomena.

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