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Transitional Justice and the Western Balkans: Interplay between Justice, Rule of Law and Security

Consideration of Transitional Justice in the Western Balkans introduces the interplay between justice, rule of law and security, EU policy requirements for Western Balkans states to become members of the European Union, preconditions for the membership in the EU, and the relationship between security and EU membership. The European Commission document titled “Credible Enlargement Perspectives for and Enhanced EU Engagement with the Western Balkans”, explained what the European Union underlined by “Credible Enlargement”. The communication emphasized the importance that accession candidates must give to the rule of law, justice, and fundamental rights. The European Union states that the European Union Treaty candidates must respect values such as human dignity, freedom, the rule of law including the rights of persons belonging to minorities, and creation of a society in which there is pluralism, non-discrimination, tolerance, justice, solidarity, and equality between men and women. However, for the Western Balkans respect for these values is not enough. They should also work on handling migration, radicalism, terrorism, organized crime, and corruption. The rule of law must be enhanced, as must the notion of human security. Seven types of securities must be satisfied, and credible efforts need to be made in the field of human rights. The two questions that always arise are: what problems occur in the Western Balkans and what is needed to be done in order to end such problems. Links to organized crimes across governments and administrations, extensive political interference and media control are just some of the problems that give Western Balkans states an element of state- capture and what is needed is public administration reform and empowerment of civil society. On the rule of law, the need to address corruption and organized crime is strongly emphasized, along with extensive trial monitoring. Trial monitoring does not include war crimes trials. War crimes and transitional justice are in the various categories of reconciliation, good neighborhood relationships and regional cooperation. Roksandic argued that the process of Transitional Justice and addressing war crimes in Western Balkans is incomplete because such countries did not co- operate properly with the ad-hoc tribunals. There are still many open and unresolved issues, missing persons, refugees and externally displaced persons, the handling of war criminal cases including, full cooperation with international criminal tribunals and Kosovo’s specialist chamber as well as identification and removal of landmines in the region, all of which must be urgently addressed. But, Roksandic argued, that the change of paradigm for regional cooperation, good neighborhood relationship and reconciliation cannot be imposed from outside. The leaders of the region must take full ownership and lead by example. They must avoid and condemn any statement or action which would fuel inter-ethnic tensions and actively counter nationalist narratives. Returning to the communication from the European Union, Western Balkans should not only address war crimes, which is extremely important but all areas of justice, rule of law and security as the European Union emphasizes. This means that problems with the economy, food, health, environment, personal community, and political security must also be covered and only then will be able to talk about Credible Enlargement perspectives and enhanced EU engagement with Western Balkan countries.

Western Balkan, Kosovo, EU enlargment, necessary improvements and impediments

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