Summer School as School 2023
The Public Program
August 15, 2023, 20:00

Dealing with the past in Kosovo and Western Balkans: Assessing the Successes and Failures of Local and International Mechanisms of Transitional Justice
Presentation by Anton Vukpalaj

Venue: Boxing Club, Mark Isaku 8, 10000 Prishtina, Republic of Kosovo

Abstract

Dealing with the past in Kosovo and Western Balkans: assessing the successes and failures of local and international mechanisms of transitional justice

In this presentation, we will delve into the crucial role played by transitional justice mechanisms in addressing the aftermath of conflicts in the 1990s, with a special focus on Kosovo and the broader Western Balkan region.

In the face of challenges posed by the reluctance of Balkan states to confront their war crimes, the international community has taken active steps towards post-conflict reconstruction. Central to this support is the promotion of retributive justice, whether through international, hybrid, or local courts. This endeavor is deeply aligned with our broader commitment to democratization and upholding the rule of law.

Retributive justice aims to ensure accountability for past crimes, thereby contributing to the political transformation of societies through the enforcement of law and order. The pursuit of accountability heralds the "end of impunity," as war crimes are no longer tolerated, and those responsible are brought to justice. The fundamental idea is that transitioning from war to peace necessitates the facilitation of these justice mechanisms.

Throughout this presentation, we will explore the underlying reasons that led to the establishment of specialized institutions, and assess their effectiveness in addressing historical grievances. Moreover, we will delve into the extent to which these countries have succeeded in reforming their national institutions, recognizing that transitional justice entails not only the prosecution of perpetrators through the justice system but also the institutionalization of comprehensive reforms and the strengthening of institutional capacity.

One crucial aspect we will address is the political impact of these justice mechanisms. By holding former political leaders accountable for human rights violations, these trials serve to delegitimize old regimes while legitimizing new ones. This process shapes the political landscape, fostering a path towards a more just and stable future.

An important case study we will examine is the International Criminal Tribunal for the former Yugoslavia (ICTY), established in 1993 in The Hague. The ICTY has not only served as an international court of justice but has also played a significant political role in the region. More specifically, we will focus on hybrid judicial mechanisms created in Kosovo, in particular The Kosovo Specialist Shambers (KSC). By focusing into the complexities and successes of these transitional justice mechanisms, we aim to gain valuable insights into the challenges and achievements of transitional justice in Kosovo and the broader Western Balkans.

Biography

Anton Vukpalaj, PhD, is a Political Scientist and Assistant Professor of Political Science at the University of Prishtina, Kosovo. His main focus of research lies on statebuilding and transitional justice in Kosovo and Southeastern Europe. From 2018, he is an inviting Professor at the Faculty of Arts and Humanities at the University of Fribourg, Switzerland. He is the author of numerous works, including Ex-Yougoslavie, de la guerre à la justice, Michel Houdiard Éditeur, 2010. His most recent publication (book) is Forging Kosovo: Between Dependence, Independence and Interdependence, Peter Lang, Bern, 2021, 324 pages (co-editor with Arben Hajrullahu).