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The Legacy of Crimes and Crises

Transitional Justice, Domestic Change and the Role of the International Community


Edited By Klaus Bachmann and Dorota Heidrich

The book shows how transitional justice experiences influence domestic change and what the role of the international community in these processes is. It is divided into three thematic parts. The first one presents regional and local transitional justice efforts, aiming at showing different mechanisms implemented within transitional justice mechanisms. The following part deals with the role and impact of international criminal tribunals set up to prosecute grave human rights abuses. The third part is devoted to the role of the international community in mass atrocity crimes prevention. The contributions prove that transitional justice measures are not universal. Rather, they must be characterized by the principle of local ownership and be crafted to circumstances on the ground.
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Gjylbehare Bella Murati - A Surrogate State’s Approach to Transitional Justice. The Kosovo Experience


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Gjylbehare Bella Murati

A Surrogate State’s1 Approach to Transitional Justice - The Kosovo experience

Since June 1999, the territory of Kosovo has been under the interim administration of the United Nations Mission in Kosovo (UNMIK), which engaged in the complex task of post-conflict peace-building.2 Established pursuant to Security Council Resolution 1244, UNMIK was empowered to temporarily exercise complete sovereignty over the territory of Kosovo, including performing basic civilian administrative functions; overseeing the development of provisional institutions for democratic and autonomous self-government (pending a political settlement); and protecting and promoting Human Rights. Until 2005, its structure comprised four pillars, each assigned to different tasks3: Pillar I was in charge of Police and Justice and Pillar II of Civil Administration, both under the direct leadership of the Special Representative of the UN Secretary-General (SRSG), who represents the United Nations in Kosovo; Pillar III was responsible for Democratization and Institution Building and led by the Organization for Security and Cooperation in Europe (OSCE); Pillar IV, led by the European Union (EU), was in charge ← 93 | 94 → of Reconstruction and Economic Development.4 The SRSG was entrusted with absolute power to exercise the legislative, executive, and judicial power over the administering entity, and as such enjoyed the maximum civilian executive powers envisaged by UNSC Resolution 1244.

Soon after the proclamation of independence,5 the UNMIK was expected to fully cede power to the EU, but legal grounds for a structured transition have been lacking. The lack...

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