Transitional justice in Bosnia and Herzegovina:coherence and complementarity of EU institutions and civil society

This study interrogates the engagement of the European Union in the process of transitional justice in Bosnia and Herzegovina. It first reviews developments in the various mechanisms of transitional justice and related efforts of civil society, highlighting common challenges such as the nature of the violence in 1992– 1995, the design of the peace negotiated at Dayton, and the shortcomings of reconstruction agendas in the period of transition. The analysis then turns to EU involvement in transitional justice in Bosnia, focusing particularly on coherence between the “peace-building” and “enlargement” approaches and complementarity with civil society. The study concludes that the strategy of disengagement with issues and civil society actors related to war crimes and justice, pursued by the Union, has served to compromise Europe's own objectives of peace-building and progress towards accession. A way forward is suggested for EU policy in Bosnia and Herzegovina, emphasizing the benefits of adopting a justice-sensitive approach to peace-building and European integration, as well as the need to broaden EU engagement with civil society to incorporate victims associations and social movements alongside the NGO sector.