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Begin New Search Topic Ethnic Conflict Political Geography Germany Content Type Working Paper Publishing Institution European Centre for Minority Issues

1. The Effectiveness of the Exercise of Jurisdiction by the International Criminal Court: The Issue of Complementarity

Author:
Sammy Smooha and Susan Hannah Farbstein
Publication Date:
10-2001
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The prevalence of collective violence and the agony of mass atrocity may prove to be the twentieth century's most distressing and enduring legacies. From Germany to Uganda, from Cambodia to Sierra Leone, from the Former Yugoslavia to Rwanda, the past hundred years are replete with examples of terrifying violations of human rights and humanitarian law committed against diverse groups of people. Limited attempts to unveil the truth about past horrors, to hold individuals responsible, and to deter future offenses have repeatedly proven inadequate. A dearth of satisfactory moral and legal responses to these crimes often left victims suffering without any sense of reconciliation, while perpetrators routinely enjoyed impunity rather than facing justice.
Topic:
Civil Society, Democratization, Ethnic Conflict, Human Rights, and Humanitarian Aid
Political Geography:
Uganda, Eastern Europe, Yugoslavia, Germany, Cambodia, Sierra Leone, and Rwanda

2. Bilateral Agreements in Central and Eastern Europe: A New Inter-State Framework for Minority Protection?

Author:
Kinga Gál
Publication Date:
05-1999
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The practice of bilateral agreements on good neighbourly relations was 'reinvented' by Germany after 1991 to guarantee the frontiers resulting from World War II and to protect the minorities of German origin in Central and Eastern Europe. A similar policy was pursued by Hungary with five of its neighbours to deal with the problems of the Hungarian minorities. Parallel to this trend, the European Union has also promoted a policy aimed at guaranteeing stability in Central and Eastern Europe through bilateral agreements on good neighbourliness. The bilateral treaties follow each other in time, structure and content. They incorporate soft law provisions, especially with regard to their minority regulations, reflecting the strong influence of the political factor. They do not mention collective rights and fail to provide the national minorities concerned with any form of self-government. Furthermore, they were often negotiated in the absence of the minority communities they were designed to protect. As these treaties are politically highly motivated, the political aspects of the implementation mechanisms have received primacy over the legal possibilities. The treaties, and hence indirectly the provisions of international documents enshrined in them, have the same status as national legislation and could therefore be claimed before national courts. However, the joint intergovernmental committees monitoring implementation have the potential to become the most effective implementation mechanism. In conclusion, although these treaties have not significantly changed the existing practice of minority protection so far, their importance should not be diminished because they contribute to the construction of a new inter-state framework for minority protection.
Topic:
Ethnic Conflict, Regional Cooperation, and Treaties and Agreements
Political Geography:
Eastern Europe and Germany

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