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Non-retroactivity, candour and ‘transitional relativism’: a response to the ECtHR judgment in Maktouf and Damjanović v. Bosnia and Herzegovina

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Non-retroactivity, candour and ‘transitional relativism’ : a response to the ECtHR judgment in Maktouf and Damjanović v. Bosnia and Herzegovina. / Sweeney, James.

In: Diritti umani e diritto internazionale, Vol. 8, No. 3, 2014, p. 607-622.

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@article{1028d513ceae43e8940da3e032ca9792,
title = "Non-retroactivity, candour and ‘transitional relativism’: a response to the ECtHR judgment in Maktouf and Damjanović v. Bosnia and Herzegovina",
abstract = "This contribution makes a close analysis of the recent ECHR judgment in Maktouf and Damjanović v. Bosnia and Herzegovina, which resulted in the release from prison of perpetrators of genocide at Srebrenica. The article examines ECHR cases on non-retroactivity, and traces their development in transitional cases back to the ‘Berlin Wall cases’. Two main arguments are made: first it was not necessary to release the applicants in the Maktouf case, even though they won in Strasbourg, be- cause they only challenged their sentence rather than their guilt; and second, that the case can be situated in a complex transitional milieu where states, like Bosnia & Herzegovina, may ask for – but only occasionally receive – a form of ‘transitional relativism’.",
keywords = "ECHR, Transitional Justice, non-retroactivity, genocide, Bosnia, Srebrenica",
author = "James Sweeney",
year = "2014",
doi = "10.12829/78719",
language = "English",
volume = "8",
pages = "607--622",
journal = "Diritti umani e diritto internazionale",
issn = "1971-7105",
number = "3",

}

RIS

TY - JOUR

T1 - Non-retroactivity, candour and ‘transitional relativism’

T2 - a response to the ECtHR judgment in Maktouf and Damjanović v. Bosnia and Herzegovina

AU - Sweeney, James

PY - 2014

Y1 - 2014

N2 - This contribution makes a close analysis of the recent ECHR judgment in Maktouf and Damjanović v. Bosnia and Herzegovina, which resulted in the release from prison of perpetrators of genocide at Srebrenica. The article examines ECHR cases on non-retroactivity, and traces their development in transitional cases back to the ‘Berlin Wall cases’. Two main arguments are made: first it was not necessary to release the applicants in the Maktouf case, even though they won in Strasbourg, be- cause they only challenged their sentence rather than their guilt; and second, that the case can be situated in a complex transitional milieu where states, like Bosnia & Herzegovina, may ask for – but only occasionally receive – a form of ‘transitional relativism’.

AB - This contribution makes a close analysis of the recent ECHR judgment in Maktouf and Damjanović v. Bosnia and Herzegovina, which resulted in the release from prison of perpetrators of genocide at Srebrenica. The article examines ECHR cases on non-retroactivity, and traces their development in transitional cases back to the ‘Berlin Wall cases’. Two main arguments are made: first it was not necessary to release the applicants in the Maktouf case, even though they won in Strasbourg, be- cause they only challenged their sentence rather than their guilt; and second, that the case can be situated in a complex transitional milieu where states, like Bosnia & Herzegovina, may ask for – but only occasionally receive – a form of ‘transitional relativism’.

KW - ECHR

KW - Transitional Justice

KW - non-retroactivity

KW - genocide

KW - Bosnia

KW - Srebrenica

U2 - 10.12829/78719

DO - 10.12829/78719

M3 - Journal article

VL - 8

SP - 607

EP - 622

JO - Diritti umani e diritto internazionale

JF - Diritti umani e diritto internazionale

SN - 1971-7105

IS - 3

ER -