Reparations for Wartime Victimes in the Former Yugoslavia: In Search ...

Decision Point 2: Who are the Victims that Should Be Included in the Reparations Effort? 27. Decision Point 3: Content of Reparations and Objectives of the ...
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Reparations for Wartime Victims in the Former Yugoslavia: In Search of the Way Forward

Peter Van der Auweraert With the collaboration of Igor Cvetkovski Land, Property and Reparations Division Department for Operations and Emergencies International Organization for Migration (IOM)

With the financial support of the Ministry for Foreign Affairs of Finland

Disclaimer This Report does not represent the views of either the Ministry for Foreign Affairs of Finland or the International Criminal Tribunal for the Former Yugoslavia. While its content draws from consultations with local, regional and international stakeholders, the recommendations and views contained herein do not necessarily reflect their opinions either. It is the author who takes full responsibility for the views expressed in this Report, including any errors. Acknowledgments The first acknowledgment should go to the Ministry for Foreign Affairs of Finland for their financial support, without which this the publishing of this Report would not have been possible. We thank the office of the ICTY President both for the confidence they placed in IOM and for the initiative taken to launch this project in the first place. Throughout the consultations, interlocutors were invariably generous with their time, providing the views and ideas around which this Report is constructed. My colleague, Igor Cvetkovski, was instrumental in carrying out the consultations for this Report as well as developing the ideas this Report contains. His deep knowledge and understanding of the region was indispensable for all aspects of this endeavor. An acknowledgement should go the dedicated interns and junior consultants who provided research support throughout the project. In alphabetical order they are Katarina Braafladt, Johanna Klos, Caroline Weiss and Tim Zintak. A final word of thanks goes to Sarah Harris for her superb editing of the document as well as her pointed questions on the content, which made the Report a better document than it would otherwise have been.

June 2013 International Organization for Migration (IOM) Geneva, Switzerland

REPARATIONS FOR WARTIME VICTIMS IN THE FORMER YUGOSLAVIA: IN SEARCH OF THE WAY FORWARD

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Table of Contents Disclaimer and Acknowledgements

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Abbreviations

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Executive Summary

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Introduction

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a. b. c. d. e. f.

Purpose and Scope Methodology Terminology: Victims or Survivors General Considerations and Principles Exclusion of Land and Property Rights Violations Consultations with the Diaspora

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PART 1: PAST EFFORTS AND FUTURE PROSPECTS

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1. Past Efforts Regarding Victims’ Assistance and Reparations

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Key observation 1: Reparations efforts have been insufficient and incomplete and many victims remain without an effective remedy

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Key observation 2: Despite the absence of a comprehensive reparations approach, there are multiple initiatives ongoing to address the reparations gap

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Concluding Observations

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2. Prospects for a Comprehensive Reparations Effort

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Key observation 1: Victims’ associations and civil society actors alike are unlikely to abandon their political fight for reparations any time soon

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Key observation 2: Views about victims’ reparations differ amongst national political actors, but even those in favor of a comprehensive effort appear unlikely to take the lead

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Key observation 3: International and regional intergovernmental and governmental actors have been active in this area and could provide important political support

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Key observation 4: The perception amongst many victims’ associations is that the general public has little interest in their pligh