¹ “The human race does not hate him who do the harm, nor evil itself, but him who name the evil.” Giacomo Leopardi, quoted in Radmila Karlas, Četvorolisna djetelina [Four Leaf Clover] (2009) (author's translation).Google Scholar

² Radmila Karlaš is a writer from Bosnia and Herzegovina. Email: karlas@teol.net.Google Scholar

³ Republika Srpska is one of two main political entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina. Although there has been no census since the end of war, according to some statistics, almost 90% of the population in RS are Serbs. See Srpska, Republika, http://republikasrpska.webs.com/srbi.htm (last visited Apr. 29, 2012).Google Scholar

⁴ The statements in this paper come from personal interviews conducted in Banjaluka, Bosnia, and Herzegovina, during November and December 2011. The interview was conducted in Bosnian/Serbian/Croatian and the statements have been translated into English by the author.Google Scholar

⁵ Both novels are published in the local languages. Radmila is looking for grants to translate her books into English.Google Scholar

⁶ Prijedor became notorious during the war as a result of the ethnic cleansing of the non-Serb population and the establishment of the concentration camps, Omarska, Karaterm, and Trnopolje, in its municipality. See U.N. Security Council, The Prijedor Report: The Final Report of the United Nations Commission of Experts Established Pursuant to Security Council Resolution 780 (1992), U.N. Doc S/1994/674/Add.2 (Vol. I) (Dec. 28, 1994).Google Scholar

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⁸ David, Filip, quoted in Karlas, supra note 1, at 93.Google Scholar

⁹ Četvorolisna djetelina has had three printings so far. The first two had 500, and the third had 1,000 copies.Google Scholar

¹⁰ The General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Agreement), which officially put an end to the war in BiH, was formally signed in Dayton on December 14, 1995. General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Agreement), Dec. 14, 1995, 35 I.L.M. 75 (1996).Google Scholar

¹¹ See Campbell, Colm & Fionnuala Ní Aoláinn, Local Meets Global: Transitional Justice in Northern Ireland, 26 Fordham Int'l L.J. 871, (2003).Google Scholar

¹² U.N. Secretary-General, The Rule of Law and Transitional Justice in Conflict and Post-conflict Societies: Rep. of the Secretary-General, para. 15, U.N. Doc. S/2004/616 (Aug. 23, 2004).Google Scholar

¹³ See Lundy, Patricia & McGovern, Mark, The Role of Community in Participatory Transitional Justice, in Transitional Justice from Below: Grassroots Activism and the Struggle for Change 109 (Kieran McEvoy & Lorna McGregor eds., 2008).Google Scholar

¹⁴ Hugo van der Merwe, Delivering Justice During Transition: Research Challenges, in Assessing the Impact of Transitional Justice: Challenges for Empirical Research 115, 115 (Hugo van der Merwe, Victoria Baxter & Audrey R. Chapman eds., 2009)Google Scholar

¹⁵ Kritz, Neil, Policy Implications of Empirical Research on Transitional Justice, in Assessing the Impact of Transitional Justice, supra note 14, at 15.Google Scholar

¹⁶ Rosalind Shaw & Lars Waldorf, Introduction: Localizing Transitional Justice, in Localizing Transitional Justice: Interventions and Priorities After Mass Violence 3, 6 (Rosalind Shaw & Lars Waldorf eds., 2010).Google Scholar

¹⁷ Id.Google Scholar

¹⁸ Harvey M. Weinstein et al., Stay the Hand of Justice: Whose Priorities Take Priority?, in Localizing Transitional Justice, supra note 16, at 48.Google Scholar

¹⁹ I would like to thank Maria Tumarkin for allowing me to use this term.Google Scholar

²⁰ Karlas, supra note 1, at 46 (author's translation).Google Scholar

²¹ McEvoy & McGregor, supra note 11.Google Scholar

²² Nikolic-Ristanovic, Vesna & Hanak, Natasa, Truth, Reconciliation, and the Serbian Victimology Society, 18 Peace Rev. 379, 383 (2006).Google Scholar

²³ Rosa Ehrenreich Brooks, The New Imperialism: Violence, Norms, and the “Rule of Law”, 101 Mich. L. Rev. 2275, 2278 (2003).Google Scholar

²⁴ See generally Bosnia and Herzegovina – UNMIBH - Background, U.N. Dep ‘t Pub. Info., http://www.un.org/en/peacekeeping/missions/past/unmibh/background.html (last visited Apr. 29, 2012).Google Scholar

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²⁶ Milosevic, though, escaped a verdict due to his death in a Hague prison in March 2006.Google Scholar

²⁷ The ICTY indictment of Croatian General Ante Gotovina lists Tudjman as a key participant in a “joint criminal enterprise.” Judge Jean-Claude Antonetti stated that “Mr. Tudjman was not charged because he is dead, but alive, he would be here on the accused bench.” Dževad Sabljaković, Maratosnko svjedočenje Slobodana Praljka, Deutsche Welle (May 12, 2009), http://www.dw.de/dw/article/0„4244864,00.html?maca=bos-rss-bos-all-1475-rdf (last visited May 5, 2012) (quotation has been translated). See lajco Klajn, The Past in Present Times: The Yugoslav Saga 282 (2007). The ICTY investigation of Izetbegovic started, but all legal proceedings against him were dropped when he died. ICTY Weekly Press Briefing, Florence Hartmann, Spokeswoman, Office of Prosecutor, (Oct. 22, 2003), available at http://web.archive.org/web/20090409114136/http://www.un.org/icty/briefing/2003/PB221003.htm (last visited Apr. 30, 2012).Google Scholar

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³¹ Bosnians call the peace they live in “dirty,” “unsustainable,” “poor,” “weak,” “intoxicated with ethnic hatred” or “bad.”Google Scholar

³² There is a saying in Bosnia that this war was “someone's brother” meaning that some people gained money and power through corruption and other criminal activities. To these people, war was “a brother,” not “a war” as it was to the rest of population.Google Scholar

³³ Milorad Dodik is the President of the Republika Srpska and the President of the Alliance of Independent Social Democrats (SNSD) political party.Google Scholar

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³⁹ Bosnian Serb Leader Denies Srebrenica Was Genocide, Balkan Insight (July 12, 2010), http://www.balkaninsight.com/en/article/bosnian-serb-leader-denies-srebrenica-was-genocide (last visited May 5, 2012) (paid subscription).Google Scholar

⁴⁰ Nebojša Petrović, Human Potential for Restorative Justice in the Balkans, in Forum for Transitional Justice 96 (Denisa Kostovicova ed., 2009).Google Scholar

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⁴³ Jelena Obradović-Wochnik, Strategies of Denial: Resistance to ICTY Cooperation in Serbia, in War Crimes, Conditionality and EU Integration in the Western Balkans 29, 34 (Judy Batt & Jelena Obradović-Wochnik eds., 2009), available at http://www.iss.europa.eu/uploads/media/cp116.pdf (last visited Apr. 30, 2012).Google Scholar

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⁴⁵ See Bosnia Faces Brain Drain (Al Jazeera English television broadcast Jan. 26, 2009); see also Runkel, Simon, Brain Drain in Bosnia and Herzegovina-Boon or Bane? 21–25 (Ctr. for Coordination Sci., Working Paper No. 8, 2008).Google Scholar

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⁴⁹ According to Greek mythology Scila are Haribda sea monsters, with Haribda sitting at the bottom of the ocean creating an enormous whirlpool. To be between Scila and Haribda is a metaphor that illustrates a hopeless situation, i.e., that between two evils, one must choose one evil.Google Scholar

⁵⁰ Wagner, Sarah, Identifying Srebrenica Missing: The “Shaky Balance” of Universalism and Particularism, in Transitional Justice, supra note 25, at 33.Google Scholar

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⁵³ Johan Galtung introduced the concept of negative peace in which peace must be more than simply an absence of overt violence. Positive peace, on the other hand, is an absence of structural violence and, instead, the presence of social institutions, an equitable distribution of sources, and positively defined social conditions such as social justice equality and human well-being.Google Scholar

⁵⁴ Nettelfield, Lara J., Courting Democracy in Bosnia and Herzegovina: The Hague Tribunal's Impact in a Postwar State 279 (2010).Google Scholar

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⁵⁶ Id. Google Scholar

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⁵⁸ Biljana Plavsic served an eleven year sentence in a prison in Sweden for the war crimes. She was liberated in 2009 and currently lives in the center of Belgrade.Google Scholar

⁵⁹ Dodik alludes to Bosniaks in his speech. Bosniaks are often derogatively called “Turks” by the Serbs.Google Scholar

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