Naslov
Negationism and Atrocity Crimes Committed in the Former Yugoslavia : Criminal Law and Transitional Justice Considerations

Autori
Smailagić, Nedžad

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Responsibility for negation of international crimes / Grzebyk, Patrycja - Varšava : Institute of Justice in Warsaw, 2020, 225-247

ISBN
978-83-66344-43-3

Skup
The Punishment of Negationism. Memory Law – International Crimes and the Problem of the Denial

Mjesto i datum
Varšava, Poljska, 07.10.2019. - 08.10.2019

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Negationism, former Yugoslavia, criminal Law
(Negationism, former Yugoslavia, criminal law)

Sažetak
This article explores what effect the denial of atrocity crimes has in communities of countries of the former Yugoslavia in which those crimes were committed and how criminal law in force and transitional justice mechanisms address this problem. Denial of atrocity crimes committed in the 1991-1999 period, despite being established as such by competent international and national courts, is a common occurrence in some countries of the former Yugoslavia more than 20 years after the end of hostilities. This problem is specifically significant as these crimes are not only denied, but their perpetrators glorified as well, and negatively affects peace processes. The article is structured into two parts. The first part builds upon on the analysis of applicable international law in relation to the fight against impunity and concludes that any effective remedy for such concerning tendency should take include a catalogue of measures including the criminalisation of negationism and punishment of perpetrators as the ultima ratio measure. In order to acquire the full picture in national laws of concerned countries, the second part provides for comparative analysis of existing criminal legislation, practices and attempts to criminalise the negation of genocide and other atrocity crimes in Bosnia and Herzegovina, Croatia, Kosovo, North Macedonia, Montenegro, Serbia and Slovenia. The paper concludes that any effective response to the problem of negationism requires multitude of measures including, but not limited to, the strengthening of the institutional and legislative framework. This particularly applies to law enforcement and judicial institutions

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA