Dr. Zsolt SPINDLER United Nationas Association of Hungary

Introduction The 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.

Method Division of the social area for social sub organizations (legal, economic, ethnic, religious sub organizations)

Aim Identify some of the elements of international conflict resolution in ius post bellum Effectiveness

Case Studies Iraq Bosnia-Herzegovina

Historical Background Iraq 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) Ottoman Empire (Bosnia) Austro-Hungarian Empire Kingdom of Yugoslavia Social Federative Republic of Yugoslavia Bosnian War

Legal Documents Iraq BiH th 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 th 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, Religions Iraq BiH 3 entities: Sunnis, Shias, Kurds 2 nations: Arabs and Kurds 1 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

Territory Iraq BiH 3 vilayet in the Ottoman Empire: Mosul Vilayet Baghdad Vilayet Basra Vilayet Bosnia Vilayet (eyalet) Herzegovina eyalet ( )

Iraq 1925 C ONSTITUTION 2004 TAL R OLE OF I SLAM Official religion of the state Official religion of the state; Source of legislation L EGISLATIVE AUTHORITY King; Parliament National Assembly E XECUTIVE AUTHORITY Council of Ministers Presidency Council; Council of Ministers J URIDICAL 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-Herzegovina Dayton Peace Accord Role of Islamnot privileged role Legislative AuthorityParliamental Assembly (two chambers: members (5 Boniacs, 5 Croatas, 5 Serbs)) Executive AuthorityPresidency (1 Bosniac, 1 Croat, 1 Serb) Direct (Ministerial Committee) Juridical AuthorityConstitutional Court

Conclusions The 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?