Chapter

Reparations in Dayton's Bosnia and Herzegovina

Carla Ferstman and Sheri P. Rosenberg

Reparations for victims of genocide, war crimes and crimes against humanity : systems in place and systems in the making

Leiden : Brill Nijhoff, 2020

p. 571-605

English

The Dayton institutions played important roles in the intermediate post-war context in securing rights to the disenfranchised, in particular the Human Rights Chamber and the Commission for Real Property Claims of Refugees and Displaced Persons. However, each suffered from limitations owing to the political and legal contexts in which they operated. These two institutions will be considered from a number of perspectives. Firstly the authors will consider the extent to which these institutions contributed to the vindication of victims' rights and afforded adequate and effective remedies and reparation. Secondly, the authors will analyse the procedural innovations employed by these institutions to deal with the massive influx of claims and will identify lessons learned for possible future application. Lastly, it will be considered whether and to what extent the institutions, as quasi-international bodies with sui generis status and limited mandates fostered adequate and appropriate domestic responses to victimisation.

• Reparation for victims of genocide, war crimes and crimes against humanity : systems in place and systems in the making / edited by Carla Ferstman and Mariana Goetz