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Prva presuda za genocid u Evropi poslije drugog svjetskog rata

Author(s): Dževad Mahmutović / Language(s): English Issue: 2/2013

This paper presents the case of prosecution of Nikola Jorgić called Jorga, for genocide in the region of Doboj in Bosnia and Herzegovina. The case was prosecuted, according to the principle of universal jurisdiction, before the court in Germany. Nikola Jorgić was found guilty of genocide and sentenced to life imprisonment, which he serves in a prison in Bochum, Germany. Due to the importance of this process, and the fact that in scientific and professional circles, especially in the public the facts proved in this case do not use enough, we decided to make the translation of the judgment of the Federal Court in Dusseldorf. This work should stimulate interest in this very important case, but also for some other cases for war crimes which were sentenced by the same principle in Germany and some other countries.

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ZADOŚĆUCZYNIENIE ZA ZMARNOWANY URLOP

Author(s): Grzegorz Siedlecki / Language(s): Polish Issue: 24/2014

This article concerns compensation for wasted holidays, an issue which has existed for some time in Polish contract law but wasn’t effectively resolved by Polish jurisdiction until the judgement of polish supreme court from 19th November 2010, which sets a new quality of protecting the consumers from suffering moral damages, being result of not fulfilling or inadequate performance of contract by travel agencies. The article contains definition of wasted holidays, identification of moral damages and circumstances which causes it, delivered by jurisdiction of Polish and foreign courts. Also, it matters legal qualification of responsibility of travel agencies, legal qualification of damages caused by not fulfilling or inadequate performance of contract and short analysis of Polish regulations, which don’t provide unambiguous basis to adjudge compensation for wasted holidays. Lastly, it concerns aforesaid decision of Polish Supreme Court, in which court states that there is clear basis to rule such compensation taking into consideration European Union regulations, axiology of polish legal system and achievements of Polish legal doctrine.

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ARGUMENTACJA PRAWNICZA W PRAWIE KARNYM NA PRZYKŁADZIE SPORU DOTYCZĄCEGO PRZESTĘPSTWA ZNIESŁAWIENIA INTERNETOWEGO I JEGO PRZEDAWNIENIA W KONTEKŚCIE POJMOWANIA ISTOTY PRZESTĘPSTWA TRWAŁEGO

Author(s): Anna Tywończuk-Gieniusz / Language(s): Polish Issue: 24/2014

The aim of the discussion will outline the interpretive discourse, taken on the basis of jurisprudence and doctrine regarding the arrangements for the issue of the time of committing the offence of defamation online. Will be presented arguments in support of the recognition of the moment of its commission, the timing of the entry defamatory, not its removal. Recognized that legal discourse taken the position of interpretation does not exclude the possibility of exposure “good name” of the victim of the danger of “humiliation” or “loss of confidence needed to take a position, occupation, conduct business,” all of the time available on the web portal defamatory content. On the other hand, was not a foregone conclusion of a lasting nature of such a criminal act, and only allowed the possibility of his qualifications as a “crime of the consequences (consequences) assets”. The study will address the issue of pass-through of such views on the issues of the limitation of the crime and the issue of demands, which in conjunction with the observed practice of justice extends doctrine, recognizing the specificity of Internet defamation and the fact constraints, and even deprive a victim of legal instruments (short limitation period) as well as practical tools that would allow the identification of the perpetrator.

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Prva presuda za genocid u Evropi poslije drugog svjetskog rata

Author(s): Dževad Mahmutović / Language(s): Bosnian Issue: 2/2013

In Bosnia and Herzegovina during the war, genocide was committed even outside of the Safe area of Srebrenica.This paper presents the case of prosecution of Nikola Jorgić called Jorga, for genocide in the region of Doboj in Bosnia and Herzegovina. The case was prosecuted, according to the principle of universal jurisdiction, before the court in Germany. Nikola Jorgić was found guilty of genocide and sentenced to life imprisonment, which he serves in a prison in Bochum, Germany. Due to the importance of this process, and the fact that in scientific and professional circles, especially in the public the facts proved in this case do not use enough, we decided to make the translation of the judgment of the Federal Court in Dusseldorf. This work should stimulate interest in this very important case, but also for some other cases for war crimes which were sentenced by the same principle in Germany and some other countries.

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Human trafficking for sex exploitation in Thailand

Author(s): Nataliya Opanovych / Language(s): English Issue: 23/2016

Research paper addresses an issue of sex trafficking in the Kingdom of Thailand and analyzes it through external and internal perspectives. Firstly, legal framework of The Association of Southeast Asian Nations (ASEAN) in regards to human rights violations and its activities to eliminate the problem in the region are examined. Secondly, historical reasons of sex industry in Thailand, state of affairs and its con-sequences for the society are discussed and local government’s activities are criti-cized. Lastly, sex tourism as a main cause of the problem is identified.

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JUDGEMENT TO ZDRAVKO TOLIMIR FOR GENOCIDE IN SREBRENICA

Author(s): Vedad Gurda / Language(s): English Issue: 6/2017

Zdravko Tolimir is one of the fve high-raniking offers of the Army of Republic of Srpska who were today convicted before the International Criminal Tribunal for the former Yugoslavia (ICTY) for the crime of genocide against Muslims (Bosniaks) in Srebrenica in 1995.

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Sources of Information on Transitional Justice in Croatia

Author(s): Ivor Sokolić / Language(s): English Issue: 04/2016

This paper investigates perceptions of sources of information on the transitional justice process in Croatia, dealing with the 1991-1995 conflict. This provides an insight into the broader nation-building process in Croatia by analysing where the predominant war narrative is reproduced and contested. It is based on focus group, dyad and interview research conducted in 2014 and 2015 with teachers, members of war veterans’ associations and pensioners. Respondents trusted few sources in an atmosphere of general distrust and pessimism towards institutions. Participants in the conflict and images from television were, on the other hand, highly trusted. This paved the way for everyday narratives to have more of an influence than narratives presented from above by institutions, indicating that individuals and organisations concerned with the historical study of the war in Croatia are perceived to be more reliable if they also appeal to these criteria of participation and imagery, regardless of the academic merit of their investigations.

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Transitions Online_Around the Bloc-Albania in Search of Honest Judges

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Transitions Online_Around the Bloc-Albania in Search of Honest Judges

Author(s): TOL TOL / Language(s): English Issue: 07/31/2018

After years of prodding by its Western partners, Tirana agreed to vet legal professionals. The results are worrying.

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ARBITRATION AND FORMULARY PROCEDURE: THE ORIGINS OF ROMAN CIVIL PROCEDURE

Author(s): Tihomir Rachev / Language(s): English Issue: 2/2017

Understanding Roman law is of great importance for every contemporary lawyer dealing with private law. Many of the modern private law institutes have their roots in Roman law. This is the reason why learning Roman law and Roman legal tradition is necessary. The substance and the true meaning of Roman law institutes could be understood only through examination of the different Roman civil procedures. This article focuses on the origins of Roman civil procedure and especially the relation of ancient arbitration and formulary procedure. The article also aims to present the Roman concept of legal protection and the Roman law tradition in the field of arbitration.

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РАЗПОРЕДБИ ИЛИ ПРАВИЛА НА РИМСКАТА АДМИНИСТРАЦИЯ ЗА ЗАЩИТА НА ПРИРОДНИТЕ РЕСУРСИ, ПУБЛИЧНОТО ИМУЩЕСТВО И ОКОЛНАТА СРЕДА

Author(s): Juan M. Alburquerque / Language(s): English Issue: 1/2018

This contribution will focus, in summary form, on a short list of administrative provisions that, as a direct or indirect reflection effect, could have some convergence with what is now called the Environment and the protection of natural resources. We will talk, among other aspects, of the pollution in its different aspects, of the city in general, acoustic and saturnine. In relation to the field, the problems of the deforestation, the clearing of the forests and the mining. Water pollution, springs of running water, public springs in the city of Rome, etc.Also, in a somewhat more particularized way, but in a summarized way, we will analyze a set of legal reflections typical of Roman administrative experience, and the fundamental criteria in relation to the recognition of the social function of the res publicae and the corresponding interdictal tutelage And jurisprudence on public places, especially if we think about the relation, convergencies, coexistence or coherence, that they can assume with respect to the Environment.

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The Role of Restorative Justice as a Transitional Justice Mechanism in Sustaining Bosnia-Herzegovina’s Peace Process

Author(s): Adriana Michilli / Language(s): English Issue: 9/2018

This article focuses on the usage of Restorative Justice (RJ) as a Transitional Justice (TJ) mechanism within the post-conflict society of Bosnia-Herzegovina. The paper attempts to synthesize relevant literary contributions to garner an answer as to how the instalment of international policies and national legislation have attempted to achieve justice, reconciliation and peace within the concerned focus country. To this end, the potential of RJ as a strategy for peacebuilding in comparison to the administration of retributive justice, is challenged via theoretical contributions. This collection of literature is complemented by a casestudy analysis which illustrates how Bosnia-Herzegovina has elected to deal with its ‘nation’s past via reparative forms of justice including: Truth and Reconciliation Commissions, Commissions of Inquiry and Reparation programs. The paper is underpinned by a political advocacy perspective which contends that peace, reconciliation and justice within post-conflict societies require that the institutionalization of restorative and/or transitional measures of justice: mobilize the utmost political resources to accomplish such ambitions, call for a balanced delegation of responsibility regarding the role of the international community and that such RJ projects integrate rather than marginalize voices from one of the most important participant stakeholders, the community of victims.

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The Role of Switzerland in Promoting Transitional Justice in Kosovo and Bosnia-Herzegovina

Author(s): Lirija Sejdi / Language(s): English Issue: 9/2018

Although around twenty years have passed since the ‘Yugoslav Wars’, the transition process to deal with the past and reach reconciliation in Bosnia-Herzegovina and Kosovo is still far from being completed. In this essay, it is analysed how Switzerland, as example of an external actor, supports both countries in their transition process. The role of Switzerland is analysed by the pillars of Transitional Justice. It is found that according to itself, Switzerland plays a major role in the transition and development process. It is using similar strategies in both countries with a main focus on institutional reforms and dealing with the past. The differences lie in the concrete designs and projects.

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Transitional Justice and Guarantees of Non-Repetition: Sri Lanka and the Office on Missing Persons (OMP)

Author(s): Andrew Chisholm / Language(s): English Issue: 9/2018

This paper seeks to examine the process of transitional justice in Sri Lanka following the end of conflict in 2009, by assessing the implementation of transitional justice mechanisms under United Nations Human Rights Council (UNHRC) Res 30/1. Initially this paper will discuss the concept of ‘guarantees of non-repetition’ in relation to transitional justice and violations of international human rights. It will then analyse the current implementation and workings of the Office on Missing Persons (OMP) in Sri Lanka. The OMP is the first of four mechanisms of transitional justice to be implemented and officially set up by the Government of Sri Lanka in 2018. As the first functioning mechanism of transitional justice under UNHRC Res 30/1, this paper discusses what role the OMP has in constituting or contributing to a guarantee of nonrepetition. Subsequently it can play a role in addressing underlying structural issues and socio-economic rights, under the umbrella of transformative justice. Despite its implementation, the Office on Missing Persons itself will only contribute to a guarantee of non-repetition if it has the implementation and support of all four mechanisms under UNHRC Res 30/1.

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Bosnia and Herzegovina’s Approach and the Role of Transitional Justice in the Sphere of Ensuring the Rights and Freedoms of Internally Displaced Persons: Lessons for Ukraine

Author(s): Anastasiia Tokunova / Language(s): English Issue: 8/2017

The article is dedicated to the experience of Bosnia and Herzegovina in the field of Transitional Justice providing for the problems, connected with internal displacement, dealing. Possibility and directions of Transitional Justice’s application in Ukraine was augmented in relation to the challenges caused by internally displacement of people, who had previously lived in Crimea and certain territories of Donetsk and Luhansk regions of Ukraine. A list of ways and prospective results of implementation of Transitional Justice elements was defined. The main approaches of Bosnia and Herzegovina strategic planning on the issues of internally displaced persons and Transitional Justice was studied. As a result some opportunities of its application in Ukraine were determined. The role of international community activities in post-conflict period in Bosnia and Herzegovina was investigated. The certain ways, which could support rising of positive and minimizing of negative effects of international actors’ presence in Ukraine, were outlined. Also an attention was paid to the issues of organizing the work of the authorities and building of civil society in these conditions.

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Post-Transitional Justice in Spain: On the Struggle for Memory and the Role of Generational Change

Author(s): Pablo Fernández Jiménez / Language(s): English Issue: 7/2016

This paper examines the absence of Transitional Justice mechanisms during Spain’s transition from Franco’s dictatorship towards a consolidated democracy, and the attempts to develop those instruments in the last two decades. The essay analyses the evolution from the 1977 Amnesty law and the ‘Pact of Oblivion’, towards the development of certain Transitional Justice mechanisms designed by the Spanish Socialist government through the Law of Historical Memory. The paper examines the social and political factors which have shaped the attitudes of the Spanish society when dealing with the country’s recent past, and explores windows of opportunity for action at a time of political and social change. More than four decades after Franco’s death, the need for memory, truth and reparation is still an unresolved issue which undermines the strength of Spain’s democratic system. The need to develop and implement more comprehensive mechanisms for truth-recovery, acknowledgement and reparation will be highlighted throughout the last section of the paper.

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How to Deal with Unrecognized Regimes? The Necessity of the Implementation of Transitional Justice Mechanisms in a Context of Frozen Conflicts and de facto Regimes in the Post-USSR Space

Author(s): Tomasz Lachowski / Language(s): English Issue: 7/2016

Transitional justice discourse rarely touches the issue of unrecognized states (regimes de facto), namely those located in the post-Soviet space. Needless to say, the disintegration of the USSR in the early 1990s led to the establishment of numerous ‘new’ states in the Eastern Europe and many bloody conflicts as those between Georgia and Abkhazia, Moldova and Transnistria, or Armenia and Azerbaijan over Nagorno-Karabakh. All of them have their strong geopolitical and legal implications until today. The paper explores the issue of the so-called 'quasi-states' in the post-Soviet area, such as Transnistria (formally the integral part of Moldova), Abkhazia (legally speaking the Georgian territory) and the new de facto regimes within Ukraine (‘Donetsk’ and ‘Luhansk People’s Republics’, based in Donbas) in a context of transitional justice tool-kit. It is argued that post-violence instruments shall go hand-in-hand with the diplomatic or (even) military means in a case of abovementioned examples. Backward-looking justice needs to be strengthened by forward-looking mechanisms, especially by the use of institutional reform paradigm, demobilization and reintegration of the quasi-states. This study is based on a socio-legal methodology and a subsidiary field-research conducted during visits to Ukraine, Moldova (Transnistria) and Georgia (Abkhazia).

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Transitional Justice for Male Victims of Conflict-Related Sexual and Gender-Based Violence?

Author(s): Philipp Schulz / Language(s): English Issue: 6/2015

Globally, conflict-related "sexual violence is committed against men more frequently than is often thought" (Sivakumaran 2007). However, this growing attention has not yet translated into sufficient policies or transitional justice instruments for male sexual violence victims. Only very limited research specifically analyzes justice and accountability for male victims of sexual violence. Throughout this restricted body of literature, a heavy emphasize is placed on retributive justice and judicial accountability. Such a narrow focus, however, risks ignoring other potential transitional justice mechanisms which may theoretically offer redress and accountability for male victims. Against this backdrop, this paper proposes to discuss some of the challenges male victims of SGBV face in accessing justice and legal protection. Moreover, the paper argues to consider non- or semijudicial transitional justice mechanisms to provide redress for male victims of sexual violence, and calls for victim-centric empirical research to establish male victims' perspectives with regards to transitional justice.

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Should Saif al-Islam Gaddafi be Tried in Libya or the Hague? Towards a Monitoring Mechanism that Reconciles the ICC with Transitional Justice

Author(s): Olivia Nederlandt / Language(s): English Issue: 6/2015

The decision of the ICC to declare the case against Saif al-Islam admissible and to consider Libya unable to carry out investigation or prosecution has reignited the debate on the ‘cornerstone’ of the ICC regime: the principle of complementarity. The jurisprudence on admissibility of the ICC as developed in this case may discourage states to endorse their duty to investigate and prosecute international crimes, though criminal prosecutions is an important tool of transitional justice. Instead of taking the case from national jurisdiction, the ICC should encourage states emerging from conflict to pursue their transitional justice process. Therefore, the ICC should demonstrate more flexibility in the conduct of the admissibility test and establish a mechanism of monitoring national proceedings for a certain period of time, at the end of which the decision on the state’s ‘willingness and ability’ will be more credible. Such a monitoring mechanism would reconcile the ICC with its complementarity regime by giving a real opportunity to states to participate in the fight against impunity, to improve the legal standards and human rights, and to hold a transitional justice.

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Dealing with the Past: Conventional Truth, Inconvenient Truth or Unpopular Truth about Kosovo

Author(s): Besarta Prenga / Language(s): English Issue: 6/2015

This article will address the case of Kosovo on human rights violations during the armed conflict and the consequences as well as the future of the country in human rights protection. The Kosovo war was an armed conflict where many people died, many others were lost and some of them are not found yet. Across the country many survivors of the bloody conflicts still don't know what happened to their missing loved ones. In order to have reconciliation and transition, people should be aware that they need to understand what happened in the past, which is often complex. Every society has the right to know the truth about past events, as well as the motives and the circumstances in which crimes can be committed, in order to prevent repetition of such acts in the future. After providing a brief theoretical frame about truth and reconciliation commissions, the author brings some personal hopes for the future of judicial system in Kosovo.

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‘Council of Europe’ and ‘Organization of Islamic Cooperation’ Joint Projects for the Transition in Arab Spring Countries

Author(s): Cüneyd Er / Language(s): English Issue: 5/2014

The revolutionary events that have collectively dubbed ‘the Arab Spring’ in the Middle East had started in December 2010. Even though some turmoil continues in the region, it is a fact that the Arab Spring has paved the way to a transitional justice era – at least – for some of the countries. This piece defends that the Organization of the Islamic Cooperation (OIC), the second-largest public international organization after the United Nations, shall take an active part during the transition period of the Arab Spring countries. It is highlighted that the OIC could implement joint projects in cooperation with some other public international organizations that have experience in implementing democracy, rule of law and human rights programs in some Muslim dominant European countries.

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