Post-War Protection of Human Rights in Bosnia and Herzegovina

Front Cover
Michael O'Flaherty (Solicitor), Gregory Gisvold
Martinus Nijhoff Publishers, Sep 23, 1998 - Political Science - 333 pages
The war in Bosnia and Herzegovina was characterized by human rights abuses on a scale not seen in Europe since the Second World War. It is not then surprising that the Dayton Agreement, together with related texts and agreements, lays out the most ambitious human rights protection regime ever included within an international peace settlement. The peace agreement imports myriad substantive guarantees for the protection of every category of human rights, including some through a novel application of the European Convention on Human Rights. The provisions are accompanied by a highly complex system for both monitoring and enforcement of their implementation. These enforcement procedures contain temporary elements, such as international field operations, and an array of tribunals and institutions intended to be permanent. The present volume is a contribution to the process of interpreting and assessing the post-Dayton human rights regime in Bosnia and Herzegovina. The analysis of the contributing human rights scholars and practitioners is located within the contexts of the immediate reality and needs of Bosnia and Herzegovina and the systemic significance of the peace agreement for other post-conflict and complex emergency situations worldwide.
 

Contents

The Role and Relationship of Constitutional
13
Implications of the Special Status Accorded in the General
27
International Human Rights Operations in Bosnia
71
Disappearances in Bosnia and Herzegovina
107
Bosnia and Herzegovina and the Right to Return
123
The Impact of International Human Rights Law on
141
The Relevance of International Human Rights
157
Strategies to Combat Discrimination Against Women
173
The PostDayton Role of the International Criminal
195
The United Nations Treaty Bodies and Bosnia
215
A Truth Commission for Bosnia and Herzegovina?
241
Afterword
263
Index
309
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