Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Humanitarian Law (7)
- International Law (6)
- Military, War, and Peace (4)
- Arts and Humanities (3)
- Criminal Law (2)
-
- History (2)
- Human Rights Law (2)
- Peace and Conflict Studies (2)
- Political Science (2)
- Public Affairs, Public Policy and Public Administration (2)
- Rule of Law (2)
- Social and Behavioral Sciences (2)
- African Studies (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Courts (1)
- Eastern European Studies (1)
- European History (1)
- Evidence (1)
- Feminist, Gender, and Sexuality Studies (1)
- Holocaust and Genocide Studies (1)
- International Relations (1)
- International and Area Studies (1)
- Law and Gender (1)
- Law and Politics (1)
- Legal Studies (1)
- Other Legal Studies (1)
- Political History (1)
- Institution
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Law
Genocide Memorialization Through Law In Bosnia And Herzegovina: Reconciling The Irreconcilable?, Carna Pistan
Genocide Memorialization Through Law In Bosnia And Herzegovina: Reconciling The Irreconcilable?, Carna Pistan
Genocide Studies and Prevention: An International Journal
This article focuses on the law banning genocide denial and other war crimes and the glorification of convicted war criminals imposed in Bosnia and Herzegovina by the former High Representative Valentin Inzko in mid-2021 to facilitate the country’s reconciliation process. It first positions the genocide denial ban into the vast category of memory laws by examining its content and scope, as well as the reactions and consequences it has provoked up to now. The article maintains that an internationally imposed memory law cannot create reconciliation in a deeply divided society. It shows, on the contrary, that the imposed legislation has …
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland
Craig M. Scott
This Memorial seeks to present a framework of legal arguments with respect to the validity and legal effects of an arms embargo imposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or, at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) …
Book Review: Genocide On The Drina River, Iva Vukušić
Book Review: Genocide On The Drina River, Iva Vukušić
Genocide Studies and Prevention: An International Journal
No abstract provided.
Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein
Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein
Sustainability and Social Justice
This paper aims to outline the existing policies aimed at providing protection for sexual abuse survivors in the Democratic Republic of the Congo. In an attempt to provide justice for the survivors of sexual abuse, an analysis of the 1992-1995 Bosnia and Herzegovina post-conflict reconstruction is included. In particular, prosecution of sexual violence and rape as a weapon of war will be provided in order to weigh the benefits and weaknesses of international criminal law. The conflict in eastern Democratic Republic of the Congo witnesses widespread and systematic sexual violence abuses. With over 60 armed groups at any given day, …
Contested Citizenship In Bosnia And Herzegovina, Elena Cirkovic
Contested Citizenship In Bosnia And Herzegovina, Elena Cirkovic
Osgoode Legal Studies Research Paper Series
According to Article 15 of the Universal Declaration of Human Rights (UDHR), the right to nationality and citizenship can be considered as a universal human right: ‘(1) everyone has the right to nationality’ and ‘(2) no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality’. However, the qualifications of the bearer of ‘universal’ rights are unspecified. Equating nationality with citizenship has contributed to a situation where people(s) have to fit the category of being a ‘national’ in order to obtain citizenship. The question of access to national and international rights remains the question …
International Trafficking In Women: Application Of The Council Of Europe Convention On Action Against Trafficking In Human Beings In Post-Conflict States And Creation Of A European Court To Adjudicate Cases Of Trafficking, Meredith Owen
Meredith Owen
This Comment will argue that although the European Convention on Action Against Trafficking in Human Beings is a useful framework in post-conflict states and despite necessary modifications of the European Convention to achieve greater success in enforcement, prosecution, and victim participation, this Convention provides important implications for other post-conflict regions and should be applied in Sierra Leone. Although post-conflict states such as Albania and Bosnia and Herzegovina have increased prosecution of traffickers, the trafficking in women for sexual exploitation still exists to a high degree. Stronger enforcement mechanisms should be in place, including proper protection and rehabilitation of the victim …
Hybrid Courts: Examining Hybridity Through A Post-Colonial Lens, Elizabeth M. Bruch
Hybrid Courts: Examining Hybridity Through A Post-Colonial Lens, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks
Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks
Faculty Publications
The individuals who negotiated the peace agreement that ended the war in Bosnia and Herzegovina considered ethnicity to be the most salient division within Bosnian society. Consequently they organized Bosnia's political structure around ethnic representation. While it is doubtful that peace in Bosnia would have been possible without guarantees for ethnic-based political representation, such guarantees have proven insufficient for building a functioning, stable, and cohesive state. This article analyzes the role that Bosnia's political framework, which focuses exclusively on ethnic representation, has played in impeding the development of a significant cadre of moderate political actors and in hindering the success …
Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski
Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski
Michigan Journal of International Law
This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …
The Fractured Soul Of The Dayton Peace Agreement: A Legal Analysis, Fionnuala Ni Aolain
The Fractured Soul Of The Dayton Peace Agreement: A Legal Analysis, Fionnuala Ni Aolain
Michigan Journal of International Law
This essay examines the substantial bilateral relationships between the domestic and international legal systems that have had enormous effects on the perception and efficacy of the local legal order. In particular, it charts the effect of the International Tribunal for the Former Yugoslavia on local legal culture and the potential for greater liaison and support between local and international legal entities. This essay also notes the extent to which overlapping and confused mandates by a myriad of international organizations, many of which exercise legal functions, have been unresponsive to or dismissive of localized capacity.
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland
Michigan Journal of International Law
This Memorial seeks to present a framework of legal arguments with respect to the validity and legal effects of an arms embargo imposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or, at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) …