Reparations in Dayton’s Bosnia and Herzegovina

Abstract

This chapter considers the issue of reparations in Bosnia and Herzegovina, looking in particular at the role of two of the institutions established under the Dayton Peace Accords. The signing of the Dayton Peace Agreement in December 1995 brought a formal end to the conflict and the Agreement provided the structure for the military and civilian implementation of the ceasefire. The Dayton institutions played important roles in the immediate post-war context in securing rights to the disenfranchised, in particular the Human Rights Chamber and the Commission for Real Property Claims of Refugees and Displaced Persons. The chapter considers the extent to which these institutions contributed to the vindication of victims' rights and afforded adequate and effective remedies and reparation. It also considers whether and to what extent the institutions, as quasi-international bodies with sui generis status and limited mandates fostered adequate and appropriate domestic responses to victimisation. Keywords: Bosnia; Dayton peace agreement; Herzegovina; human rights chamber; real property; victims' rights