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2004 | ‘The Human Rights Chamber for Bosnia and Herzegovina: a Case Study in Transitional Justice’ by J.D. Yeagar, International Legal Perspectives Vol. 14 2004

This article provides a good overview of the origins, mandate and procedures of the Human Rights Chamber established by the Dayton Peace Accords and operational from 1995 to 2003. It also provides a brief survey of the Jurisprudence of the Chamber, identifying leading cases in the following areas: the failure of authorities to provide any information on the whereabouts and circumstances of death of the victims of the Srebrenica massacre; the discriminatory effect of a pensions agreement drawn up by the Bosnian and Serbian entities which effectively discouraged return of displaced persons; the freezing of certain bank accounts and the unsatisfactory legislative resolution of this problem; the expulsion of certain Bosnian citizens of Algerian descent to the US without proper procedural safeguards. The author explains the complex issues involved in each case and gives details of the HRC’s decisions and orders. The article also takes account of some significant failures of compliance. Finally it considers the best options for continued provision of justice after the closure of the HRC.