Furthermore, human beings are so diverse and every problem complex in its own ways that no single apparatus or mechanism can solve all problems equally. This is why the more local and responsive restorative justice model is being pushed by academics. It is more adaptive than the retributive system and allows for more compassion and healing. This aside, there are still more practical problems with restorative justice that have yet to be worked out.
The first problem lies within victim relations and how a victim ought to be treated. Especially in special circumstances like domestic abuse or sexual assault, the victim may be too scared or traumatized to participate in the restorative justice process. Of course, you never want to make the victim feel pressured or disadvantaged, even when perhaps they prefer the old system and would rather do it that way. In the same fashion, the offender must also be ready to engage in the process, usually by admitting guilt which triggers the restoration process.
Special cases may even arise where the accused truly believes they have been wrongfully charged, having nothing to do with the conflict, which would need a court of some type to declare if they are indeed the correct suspect.
This raises the question of whether or not the restorative justice model can stand alone or if itis better suited to be integrated into the current system to succeed. International pressure saved him from prison. He became mayor of Belgrade as a result of the local election in and prime minister of Serbia in He regarded Serbia's history of the past years as an ideological battle between modernisers that approve of reforms and anti-modernisers that would obstruct reforms. In this battle he clearly opted for the former. They were reluctantly accepted in order to fill the mass of vacancies in the parties' managements that the election of a new, post-transition government entailed.
This also becomes evident from the small constituencies that parties rooted in the pacifist and anti-war movement had had, like the Civic Alliance of Serbia GSS. This obvious lack of public support for organisations concerned with war crimes and human rights violation does not come as a surprise when one considers the results of a study on the public opinion of Serbian politics during the s, conducted in April Furthermore, characteristic of many of the interviewed is their lack of accountability or even partial denial of war crimes being committed during the s.
As this study strikingly illustrates, there was no climate in society that would permit any public institution to honestly deal with Serbia's recent past. This is bad omen for starting a truth and reconciliation commission.
However marginalised the position of human rights NGOs was, they at least managed to discuss the possible introduction of a truth commission in the Federal Republic of Yugoslavia. Yet, despite the involvement of key figures of the South African TRC, it is to be assumed that the Yugoslav Truth and Reconciliation Commission was only vaguely planned when the presidential elections ushered in a new democratic era.
Why was the Yugoslav Truth and Reconciliation Commission established in the first place — in spite of a general lack of consensus in society and a merely vague idea of its shape? Brian Grodsky suggests the concept of 'compromise justice' to explain the allegedly inconsistent behaviour of states going through transition. States that just have overcome an authoritative past and military conflict often face formidable international pressure to pursue harsh measures of transitional justice e.
If the new elite is confronted with a non-elite that opposes the prescribed course of transitional justice imposed by international actors, the new government feels compelled to find a compromise seeking to assuage both sides. They then engage in 'compromise justice', that is, they choose to pursue a mechanism that judges the leaders of the old regime more leniently than the prescribed one by international actors would. This, then, is more acceptable to the non-elite and the new government if it has decided to remain somewhat loyal to the old elite.
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At the same time, the new government has to signal its resoluteness to act on past violations and show that the chosen instrument is equally capable of bringing former government officials to justice. The mechanism chosen by the newly-elected president of Yugoslavia was the Truth and Reconciliation Commission. In early , the US government, under pressure from the ICTY's chief prosecutor Carla del Ponte, decided to make further aid to Serbia conditional upon its cooperation with the international tribunal.
For instance, unlike recommended by his foreign minister, he extended the period of operation from one-and-a-half years to three years,  obviously intending to delay extraditions to the ICTY in this way. It generally lacked any legal stature and rather was conceived as a consultative body. As the following sections suggest, the TRC endeavoured to present a Serbian story of the wars in the s and legitimise its atrocities with the suffering of Serbs in the earlier past.
Krisch, Nico Der Staat 45 1 , pp. Boduszynski Journal of Transitional Justice 5 1. The Paradox of International Justice Compliance. International Studies Review 11 4. Open Society Justice Initiative, May Eurozine Biserko, Sonja Macht und Ohnmacht der Zivilgesellschaft. Serbien nach den Kriegen. Frankfurt a. Otpor officially joined the DS in As Sonja Biserko points out, the civil society sector was regarded by many established parties as competitors as they apparently behaved as if they were part of the government.
Indeed, during the months of transition, some members of NGOs acted on behalf of their organisations and ministries, which caused a legitimacy crisis. Biserko, Sonja , p. Truth seeking, truth telling, and post-conflict peace-building, Curb the enthusiasm, in: International Studies Review, vol. Einfrieren, vermitteln, Staatszerfall stoppen?
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Part V - Reassessing Max Weber on Ancient Israel
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