Transitional Exceptions to the Rule of Law in International Administrations: The OHR in Bosnia and Herzegovina and the Right to Due Process

摘要

The Office of the High Representative (OHR) in Bosnia and Herzegovina has been mandated to guarantee that full compliance with the Dayton Peace Agreement is achieved, including respect for the essential elements of rule of law as a key condition for lasting peace. However, the power to vet, dismiss and ban public officials from public life at the OHR's discretion seems to be exercised in increasing tension with some essential due process requirements. According to the UN peacekeeping conceptual framework, this anomaly could be explained by the need for some transitional exceptions to the rule of law in conflict and post-conflict societies. Furthermore, emergency derogations are usually allowed for in all functioning international human rights systems. Nevertheless, the absence of a public and thorough revision of the harshness of some derogations, together with their connection to global economic and strategic objectives beyond the strict Dayton framework, raises suspicions about their compliance with the substantive and procedural safeguards against such exceptions required by the international human rights systems. After 13 years of exceptional rule in Bosnia and Herzegovina (BiH), could this be the time for revision? The article offers reflections on possible legal scenarios.View full textDownload full textRelated var addthis_config = { ui_cobrand: "Taylor & Francis Online", services_compact: "citeulike,netvibes,twitter,technorati,delicious,linkedin,facebook,stumbleupon,digg,google,more", pubid: "ra-4dff56cd6bb1830b" }; Add to shortlist Link Permalink http://dx.doi.org/10.1080/13533312.2011.588387