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Ausgabe 2-2006

Themenschwerpunkt:
Der Westbalkan – Perspektiven für Bosnien-Herzegowina und Kosovo /
West-Balkans: Perspectives for Bosnia and Herzegovina and Kosovo

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Seite III

Themenschwerpunkt: Der Westbalkan – Perspektiven für Bosnien-Herzegowina und Kosovo

Beiträge aus Sicherheitspolitik und Friedensforschung

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Neuerscheinungen
Seite 104

Besprechungen | download full article as pdf
Seite 105

ENGLISH ABSTRACTS

Zwischen Dayton und Brüssel
Bosnien-Herzegowina zehn Jahre nach Kriegsende - Ein Land auf der Suche nach sich selbst
Vedran Dzihic
While the world is primarily looking at Kosovo and Serbia and Montenegro, Bosnia-Herzegovina is entering a crucial phase in its post-war development. Shortly before the general elections in October 2006 there are some burning issues on the agenda, i.e. constitutional reforms, economic and social development and the question of the EU-integration. Ten years after the war it is also time to ask whether or not Dayton has failed, and which changes should be introduced in order to overcome the current political and economic problems and move beyond Dayton towards Brussels. This article provides a critical analysis of achievements and shortcomings of the Dayton-era, and tries to identify the major challenges Bosnia and the international community will face in the context of Europeanisation in the months and years to come.
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Das Kosovo und die Statusfrage
Rechtliche Reflexionen und politische Optionen
Alexander S. Neu
Six years after the UN-Protectorate on Kosovo (UNMIK) has been established, the international community seems to feel an exhaustion in regard to Kosovo. New crises such as international terrorism emerged and demand a shift of the political and military attention. Solving the outstanding issue of the status of the Kosovo became an urgent necessity. Despite the need for a quick settling, the international community is still struggling for a consensus on how to deal with the uncompromising stance between Serbia and the Kosovo Albanians: should Kosovo remain part of Serbia or gain independence? Based on an analysis of the legal issues, like international law and constitutional law, this essay outlines the political options available to the international community.
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Kosovo 2006 – Bilanz einer fortdauernden Krise
Vedran Dzihic/Helmut Kramer
The death of Kosovo’s president Ibrahim Rugova on 21 January pushed Kosovo once again in the headlines of the international media. The loss of Rugova shortly before talks on the province’s fi nal status should start makes an already difficult political and economical situation even more complicated. In our assessment of the development in Kosovo from the end of the military operations in June 1999 up to present time, we have come to the conclusion that the state of affairs in Kosovo’s central social sectors is still to be considered as a crisis situation, with limited positive exceptions. The article provides a systematic and critical assessment of the six years of state-building process in Kosovo led by the UN and other international organizations, asking for possible ways to overcome the present crisis and the blockade.
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Neue Wege bei der Planung und Durchführung von militärischen Einsätzen im Rahmen von Friedensmissionen Planungs- und Handlungsdefizite im Kosovo und im Irak
Christian Millotat
The outbreak of hostilities in Mitrovica in March 2004 was an unexpected brutal signal for the International Community and made clear that fi ve years of state building did not change the political situation principally. The United Nations, UNMIK administration, NATO, EU and OSCE started an examination and asked themselves how and why things went wrong. The whole process of post-confl ict reconstruction came under political fi re. For the military it became clear that the force commanders had different mainly national views about the concept of state building and ways and means for the protection and the support of missions like those. International organizations must reorganize the whole process of personnel recruitment and the working together in the fi eld operations.
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Schutz transnationaler Unternehmen in Konfliktregionen
Rechtliche Betrachtungen zum Einkauf privater Sicherheit
Christian Schaller
Many transnational corporations operate in zones of confl ict, where government authorities have forfeited their monopoly on the use of force and public order has broken down. As a consequence, such corporations increasingly contract private security companies (PSCs) to provide for the safety of their operations. This article explores some of the legal problems arising out of the involvement of PSCs in zones of confl ict. The pertinent norms of international humanitarian law as well as of domestic penal and civil law regulating the conduct of PSCs are examined and issues of accountability are discussed. Subsequently, the strengths and weaknesses of non-binding regulatory instruments such as codes of conduct are evaluated.
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Möglichkeiten und Grenzen eines ständigen europäischen Sitzes im Sicherheitsrat der Vereinten Nationen
Jan Scheffler
For more than a decade, the reform of the United Nations’ Security Council has been on the international agenda. In this context, wouldn’t it be a good idea to give a permanent seat to the European Union in order to take into account the changing structure of international relations? Due to numerous obstacles which include the opposition of France and the United Kingdom as well as structural defi cits of the CFSP, a European seat cannot be implemented in the medium term. But there are several leverages for improving the representation of common European interests in the Security Council. In this way, a »de facto-communitarization« of EU members’ seats can be envisaged successively.
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Abu Ghraib und der Schlesinger-Report
Der Beitrag von Untersuchungskommissionen zur Transformation des Rechtsund Menschenrechtsbewusstseins nach 9/11
Mandana Biegi
Fact-finding committees like the Schlesinger Commission are there to fi nd out about individual and collective responsibilities for criminal or political acts. They may be instrumental in enlightening about societal collective myths, thus building faith and norm conciousness. Does the Schlesinger Report fulfi ll these premises? The paper highlights key findings and recommendations of the Report. Though the Schlesinger Report is shown to be informative in some aspects, it is a central point of this article that the Commission missed the chance to weigh the Abu Ghraib abuse cases in the light of the Guantánamo precedent where the proliferation of abusive treatment was started. The suspension of ethical and legal standards in the name of necessities of the war on terror might turn out to transform at least in parts the military and thus a society’s sense of justice, since it is assumed that the results of fact-fi nding committees enter human rights awareness with relative ease.
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Sicherheitspolitik versus Menschenrechtsschutz?
Barbara Lochbihler
More than ever, in the aftermath of September 11th 2001, states are using the »war on terror« as a justifi cation to dilute internationally recognised human rights standards. Increasing numbers of constitutional democratic governments argue that in the face of terrorist threats, citizens must sacrifi ce their rights so that the state can guarantee their security. Such a deterioration of human rights standards cannot be justifi ed under any circumstances and in fact, the security of all people can only be achieved if universal human rights are guaranteed for all. Therefore, it must be the aim of every state to extend human rights protection, rather than restricting rights in the name of security.
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