Expanding the scope of post-conflict justice: Individual, state and societal responsibility for mass atrocity

Jelena Subotic
Additional contact information
Jelena Subotic: Department of Political Science, Georgia State University, jsubotic@gsu.edu

Journal of Peace Research, 2011, vol. 48, issue 2, 157-169

Abstract: Over the past two decades, a new international regime of individual criminal accountability has emerged as a dominant regulatory mechanism to address gross human rights violations. At the same time, states are still pursuing claims against each other for human rights abuses in international courts. These two concepts of responsibility — individual and state — are not only fundamentally at odds with one another; they also exclude the third, critical aspect of political accountability — societal responsibility for past violence. This triple accountability — of individual perpetrators who committed the crimes, of the state that hired them to implement the practices, and of society that supported or tacitly approved repressive state policies — is a complex political condition that the current transitional justice framework is ill equipped to deal with. Individualization of accountability serves the retributive purpose of justice, but it is woefully inadequate to address the collective political ideologies that made such heinous crimes possible in the first place. Domestic elites can be enthusiastic supporters of individual human rights trials — not because they want to bring about justice, but because they want to shield the state and society from complicity in past crimes. To address this paradox, this article presents a new framework of post-conflict accountability that includes individual, state, and societal responsibility for human rights violations. The framework is then applied to the case of Serbian responsibility for war crimes committed in Bosnia.

Keywords: accountability; Bosnia; Serbia; transitional justice (search for similar items in EconPapers)
Date: 2011
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://journals.sagepub.com/doi/10.1177/0022343310394696 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sae:joupea:v:48:y:2011:i:2:p:157-169

DOI: 10.1177/0022343310394696

Access Statistics for this article

More articles in Journal of Peace Research from Peace Research Institute Oslo
Bibliographic data for series maintained by SAGE Publications ().