The Functions of Justice and Anti-Justice in the Peacebuilding Process


In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations War Crimes Commission for Yugoslavia and the subsequent creation of the Yugoslav War Crimes Tribunal; the utilization of the World Court by the government of Bosnia to allege genocide by the government of the Federal Republic of Yugoslavia ("FRY"); the application of a plethora of minor institutions such as human rights rapporteurs, domestic truth commission and criminal prosecutions; and the extensive deployment of human rights monitors to prevent violations of international humanitarian law.



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Place of Original Publication

Case Western Reserve Journal of International Law

Publication Information

35 Case Western Reserve Journal of International Law 161 (2003)

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COinS Michael P. Scharf Faculty Bio