Bosnian voices from the bottom of the well: Genocide,war crimes,and crimes against humanity and victims’ right to remedies

Abstract

Human rights advocates call for reparation as an important step to acknowledge and repair historical injustice and mass harms. In Bosnia and Herzegovina, victims of war continue to seek monetary reparation for non-pecuniary damages caused by genocide: murder, injury to human body and dignity, and harms inflicted upon a close family member. They seek legal remedies using national, foreign, and international human rights judicial venues. Drawing from qualitative, ethnographic research data and archival documents, the article examines legal claims and public discourse regarding reparation and makes a case for a reconceptualization of reparation by including victim voices. The article concludes that despite being absent from the post-conflict victims’ reparation programs in Bosnia and Herzegovina, monetary reparation has assumed a social valuation attribute. On the one hand, it is a victim’s call for retributive, legal conceptions of justice – that someone who escaped international and national criminal justice programs pays. On the other hand, it is a tool to draw attention to Bosnian victims’ present civil and political exclusions that came with the international post-conflict peace treaty. While the post-war reconstruction focused on international trials, democratization, restorative justice, and state building programs, it also restricted socio-economic and cultural rights by redefining the citizenship and dismantling the welfare state. Reparation is a debt owed to victims.