An introduction to the concept of transitional justice: Western Balkans and EU conditionality

Abstract

This paper has a twofold purpose: First, it attempts to evaluate the different types of transitional justice (retributive-restorative-distributive) as a means of reconciliation in the context of post-conflict reconstruction. Through the assessment of each approach I argue that while trials, truth commissions and reparations provide useful tools for achieving the goal of national and individual reconciliation each mechanism has its limitations and its deficiencies. Moreover, there is no single formula which can a priori guarantee success. A multitude of intertwining variables such as the context in which the transition is attempted, cultural patterns and religious beliefs play a crucial role in determining which combination of transitional justice mechanisms should be implemented to best handle each individual case. Second, the discussion assesses the EU war crimes policy in the Western Balkans arguing that the latter, to the extent that it focused on co-operation with the ICTY has failed largely to promote the ultimate goal of any integrated transitional justice strategy that is regional reconciliation.