Tag Archives: transitional justice

An image of the interior of the court chamber of the European Court of Human Rights , with the judges' blue seats arranged in a large horseshoe

Part II: The Impact of the ECtHR Ruling in the Case of Maktouf and Damjanovic vs Bosnia and Herzegovina: On Transitional Justice in B-H

Maja Kapetanovic

Part Two: Political Impact

In July of 2013 the European Court of Human Rights (ECtHR) issued a ruling in the case Maktouf and Damjanovic vs. Bosnia and Herzegovina, concerning the non-retroactive application of criminal law to war crimes cases, which had tremendous negative consequences on post conflict justice efforts in Bosnia and Herzegovina (B-H). The case concerned two applicants (Maktouf and Damjanovic), convicted for war crimes against civilians committed during the 1992-1995 war in B-H, who successfully claimed that their sentencing violated Article 7 ECHR because the 2003 Bosnian Criminal Code was retroactively applied to them (the case is discussed in more detail in a previous Lancaster Law blog by Prof. James A. Sweeney, and in his recent journal on ‘Non-retroactivity, candour and transitional relativism’). This blog post will deal the political fallout from this case in B-H. My previous post examined the legal consequences.

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White marble pillar gravestones marking the graves of victims of the Srebrenica massacre

The Impact of the ECtHR Ruling in the Case of Maktouf and Damjanovic v Bosnia and Herzegovina: Transitional Justice in B-H

Maja Kapetanovic

Part One: Legal Impact

In July of 2013 the European Court of Human Rights (ECtHR) issued a ruling in the case Maktouf and Damjanovic vs. Bosnia and Herzegovina, concerning the non-retroactive application of criminal law to war crimes cases, which had tremendous negative consequences on post conflict justice efforts in Bosnia and Herzegovina (B-H).

Part II is available here.

Continue reading