Cardozo Public Law, Policy & Ethics Journal
Abstract
The article argues that transitional justice mechanisms in post-conflict societies, such as Bosnia, often fail to establish legitimate authority because they neglect the crucial role of community building. It emphasizes that community is a prerequisite for legal authority and highlights the dialectical relationship between law and community, where each can shape the other. The case of Bosnia illustrates how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the War Crimes Chamber (WCC) in Sarajevo have struggled to gain legitimacy due to their focus on procedural values over community engagement. The article advocates for a reoriented approach to transitional justice that prioritizes community building and local norms to create shared values and norms.
Disciplines
Comparative and Foreign Law | Criminal Law | Criminal Procedure | Human Rights Law | Judges | Jurisprudence | Law | Law and Society
Recommended Citation
Jamie Rowen,
Social Reality and Philosophical Ideals in Transitional Justice,
7
Cardozo Pub. L. Pol’y & Ethics J.
93
(2008).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol7/iss1/4
Included in
Comparative and Foreign Law Commons, Criminal Law Commons, Criminal Procedure Commons, Human Rights Law Commons, Judges Commons, Jurisprudence Commons, Law and Society Commons