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Transitional JusticeNOMOS LI$
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Melissa S. Williams, Rosemary Nagy, and Jon Elster

Print publication date: 2012

Print ISBN-13: 9780814794661

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814794661.001.0001

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Reconciliation, Refugee Returns, and the Impact of International Criminal Justice

Reconciliation, Refugee Returns, and the Impact of International Criminal Justice

The case of bosnia and herzegovina

(p.316) 11 Reconciliation, Refugee Returns, and the Impact of International Criminal Justice
Transitional Justice

Monika Nalepa

NYU Press

This chapter examines how criminal tribunals can contribute to the highest goal of transitional justice institutions: reconciliation. An in-depth analysis of the prosecutorial strategies of the International Criminal Tribunal for the Former Yugoslavia (ICTY) reveals that international prosecutors employed contrasting approaches in dealing with perpetrators of war crimes in the two municipalities. Moreover, the detailed analysis of Prijedor and Srebrenica that develop in this chapter suggests that paying the price of plea bargaining to reconstruct the chain of command and reach order-giving perpetrators reduces reconciliation. Thus, reconciliation may be lacking because justice awarded to victims of plea bargaining perpetrators is severely constrained. However, acknowledging the limitations of a comparison between the two municipalities, the chapter further sets out to explore the relationship between prosecutorial strategies and reconciliation for the set of all municipalities in Bosnia and Herzegovina.

Keywords:   criminal tribunals, reconciliation, International Criminal Tribunal, Yugoslavia, international prosecutors

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