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2013 | Transitional Justice Strategy by the BiH Council of Ministers

Though not strictly speaking a legal instrument, the Transitional Justice Strategy proposed by the BiH Council of Ministers in March 2013 lays out the State’s national and international obligations in respect of civilian victims of the war, lists strategic objectives to be adopted by specific government departments, and provides performance indicators enabling measurement of whether each objective is achieved.  

The document’s authors recognize the great complexity of the task, for the whole of Bosnian society, of addressing its recent past, and acknowledge that international, national and local initiatives so far have not resulted in a consensus within the BIH society on the ways in which the war-related traumas could be overcome. Thus the Transitional Justice Strategy aims ‘to create an acceptable platform’ for defining and implementing ‘effective and realistic mechanisms’ for providing redress for injustice and for healing the traumas related to the armed conflict in 1992-1995. It aims also ‘to restore confidence in institutions and to prevent human rights abuses and war crimes from recurring in the future’. A detailed analysis of problems and proposed solutions begins on page 27. See page 52 for the section on Reparations.

The Strategy claims to‘represent a political agreement which is in harmony with the constitutional system of BIH and international standards for the protection of human rights’ and the authors assert that ‘it is fully understood and supported by all stakeholders involved in the drafting process’. However, as of August 2014, the Transitional Justice Strategy has not yet been approved by the relevant authorities in BiH.