The road from Dayton to Brussels? The International Criminal Tribunal for the former Yugoslavia and the politics of war crimes in Bosnia

Abstract:

The tenth anniversary of the massacre of 7-8,000 Bosnian Muslim men and boys at Srebrenica in July 1995 set in stark relief the continuing salience of war crimes in the political life of Bosnia and Herzegovina. With the country now firmly on a path ‘from Dayton to Brussels’, dealing with the war crimes legacy is critical to its future development. Cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY) is a non-negotiable condition for further progress toward membership of the European Union and NATO's Partnership for Peace, while in the long-term, dealing with the legacy of war crimes is crucial to establishing lasting peace in Bosnia and in the region. This article examines the potential contribution of the ICTY to the restoration of peace in Bosnia in the context of debates about the role of post-conflict justice in societies in transition from war to peace and in the context of the international community's use of the war crimes issues as a political bargaining tool. It will be argued that the two are inextricably linked as short-term pragmatic advantages brought by cooperation work in tandem with longer-term goals of peace and reconciliation.