Item Details
Skip Navigation Links
   ActiveUsers:4085Hits:20932860Skip Navigation Links
Show My Basket
Contact Us
IDSA Web Site
Ask Us
Today's News
HelpExpand Help
Advanced search

In Basket
  Journal Article   Journal Article
 

ID106777
Title ProperTransitional exceptions to the rule of law in international administrations
Other Title Informationthe OHR in Bosnia and Herzegovina and the right to due process
LanguageENG
AuthorGarcia-Blesa, Juan J
Publication2011.
Summary / Abstract (Note)The Office of the High Representative (OHR) in Bosnia and Herzegovina has been mandated to guarantee that full compliance with the Dayton Peace Agreement is achieved, including respect for the essential elements of rule of law as a key condition for lasting peace. However, the power to vet, dismiss and ban public officials from public life at the OHR's discretion seems to be exercised in increasing tension with some essential due process requirements. According to the UN peacekeeping conceptual framework, this anomaly could be explained by the need for some transitional exceptions to the rule of law in conflict and post-conflict societies. Furthermore, emergency derogations are usually allowed for in all functioning international human rights systems. Nevertheless, the absence of a public and thorough revision of the harshness of some derogations, together with their connection to global economic and strategic objectives beyond the strict Dayton framework, raises suspicions about their compliance with the substantive and procedural safeguards against such exceptions required by the international human rights systems. After 13 years of exceptional rule in Bosnia and Herzegovina (BiH), could this be the time for revision? The article offers reflections on possible legal scenarios.
`In' analytical NoteInternational Peacekeeping Vol. 18, No. 4; Aug 2011: p396-409
Journal SourceInternational Peacekeeping Vol. 18, No. 4; Aug 2011: p396-409
Key WordsLaw ;  International Administration ;  OHR ;  Bosnia ;  Herzegovina


 
 
Media / Other Links  Full Text