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Chapter 9 - Rebuilding Justice, Rebuilding the state? International Interventions

Published online by Cambridge University Press:  16 December 2020

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Summary

Having explored the three main sectors of the criminal justice field in Bosnia and Herzegovina, and having examined a number of international interventions geared towards reform, reconstruction and restructuring within these sectors, it is now possible to revisit the four central questions defining the current research project:

  • – What role does criminal justice reform play in a state-building exercise, in the particular post-conflict, post-socialist, and post-authoritarian context represented by Bosnia and Herzegovina?

  • – To what extent do the demands of state-building projects shape criminal justice reform, and how does this differ across criminal justice sectors and how are these reforms seen to relate to one another in the context of a criminal justice system?

  • – In a context which brings together a range of agencies with different backgrounds, priorities and working practices, how do different agencies approach criminal justice reforms within each sector, how do they relate to, and work with, relevant domestic political actors and institutions, and what obstacles do they meet in trying to implement reform programmes?

  • – To what extent is the level of international intervention in BiH conducive to the ‘transfer’ of particular criminal justice policies and institutions or the ‘transplant’ of practices and models in criminal justice?

This final chapter will group the first two complementary questions under the heading of state-building, asking to what extent criminal justice plays a role in state-building and turning the question around to explore the impact of the demands of state-building upon criminal justice reform. Subsequently, the chapter builds on previous chapters which have drawn on a range of agencies including core multi-lateral civilian missions; other non-core multi-lateral bodies and bilateral aid agencies. The chapter examines how they seek to shape domestic policy given the range of different resources, powers and restrictions with which they operate in the general policy context of BiH and the particular criminal justice sectors in which they intervene. Within this, it is possible to examine the fourth question regarding the scope for policy transfer or legal transplants in a context of multi-national intervention in the criminal justice policy of a particular state.

Type
Chapter
Information
Making the Transition
International Intervention, State-Building and Criminal Justice Reform in Bosnia and Herzegovina
, pp. 195 - 208
Publisher: Intersentia
Print publication year: 2011

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