International Conflict Resolution

Dr. Zsolt SPINDLERUnited Nationas Association of Hungary

IntroductionThe presentation focuses on the ius post

bellum part of the conflicts. It means that

the democratic political and social reconstruction has not started,

but the violent activities are limited and peace agreement de iure exists or it is on the

way to be signed by the representatives of the entities

Thesis In any kind of war or international conflict

situation we can find an algorithm or protocol which can help us to provide a fairly stable environment for the reconstructions. The elements of an algorithm like this are

religion, nation, entity, combatant, non-combatant, etc.

MethodDivision of the social area for social sub

organizations (legal, economic, ethnic, religious sub organizations)

AimIdentify some of the elements of international

conflict resolution in ius post bellumEffectiveness

Case StudiesIraq Bosnia-Herzegovina

Historical BackgroundIraq BiH 8th century B.C. Code of Hammurabi 7th century B.C. Nabucodonosor II,

new administrative law 637 Arabic Tirbes 1258 Mongol invasion 1394 Timur Lenk From the 15th century Ottoman

Empire 1920 League of Mandate under the

control of the Great Britain 1932 independent 1958 coup d’état, 1968 Baath Party 2002 November UNSCR 1441

(result: 2003 March war on Iraq)

Illyrians Western Roman Empire 6th century Byzantine Empire 9th century Slavic tribes 1448 Herzegovina (Stephen

Vukcic Kosaca) 1527-1878 Ottoman Empire

(Bosnia) 1878-1918 Austro-Hungarian

Empire 1918-1941 Kingdom of Yugoslavia 1945-1992 Social Federative

Republic of Yugoslavia 1992-1995 Bosnian War

Legal DocumentsIraq BiH2014 10th anniversary of

the signature of the Transitional Administrative Law (TAL).

From a legal point of view this document started the conflict resolution in Iraq.

Law of Administration for the State of Iraq for the Transitional Period. Signed: 8th of March 2004.

2015 10th anniversary of the signature of the Dayton Peace Accord

From a legal point of view this document started the conflict resolution in BiH.

Entities, Nations, ReligionsIraq BiH3 entities: Sunnis, Shias,

Kurds2 nations: Arabs and

Kurds1 religion (Muslims), but

divided: Sunnis and Shias

2 entities: Bosniac-Croat Federation and the Bosnian Serb Repulic

3 nations: Bosniacs, Croats, Serbs

3 religions: Muslims (Sunni), Orthodox Christians, Catholics

TerritoryIraq BiH3 vilayet in the Ottoman

Empire: Mosul VilayetBaghdad VilayetBasra Vilayet

Bosnia Vilayet (eyalet)Herzegovina eyalet

(1833-1851)

Iraq  1925 CONSTITUTION 2004 TAL

ROLE OF ISLAM Official religion of the

state

Official religion of the

state;

Source of legislation

LEGISLATIVE

AUTHORITY

King;

Parliament

National Assembly

EXECUTIVE

AUTHORITY

Council of Ministers Presidency Council;

Council of Ministers

JURIDICAL

AUTHORITY

Civil Courts;

Special Courts;

Religious Courts;

Sharia courts;

Spiritual councils

Federal Supreme Court;

Higher Juridical Council;

Central Criminal Court;

Courts of Appeal;

Court of Cassation

Comparison of the 1925 Constitution and 2004 TAL

Bosnia-HerzegovinaDayton Peace Accord

Role of Islam not privileged role

Legislative Authority Parliamental Assembly (two chambers: 42+15 members (5 Boniacs, 5 Croatas, 5 Serbs))

Executive Authority Presidency (1 Bosniac, 1 Croat, 1 Serb)Direct(Ministerial Committee)

Juridical Authority Constitutional Court

ConclusionsThe legitimacy of the legislative power questionable (the quasi

constitutional power is not based on a democratic, elected parliament, but on the real „after war” situation of the authorities)

The definition of entities based on different and mixed dimensions (religious and national dimension)

Priority of human rights Using of legal clichés, algorithms, methods. Law transplantation.

Advantage: the power of customary law. Disadvantage: neglecting local peculiarities (worsen the effectiveness) (i.e.: René David: Ethiopia; Brcko D.C. –Washington D.C.)

Territorial division based on the nationalities, neglecting the economic differences of the terrain, it causes economic and new national diversity

Double citizenship as an escape route

Questions?