Submitted manuscript, 194 KB, PDF document
Available under license: CC BY-NC-ND
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
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 -