This thesis explored the perceptions of immigrants from the Former Republic of Yugoslavia (FRY) residing in Malmö, Sweden, of their Yugoslavian, national, and ethnic identities, as well as factors contributing to maintenance of Yugoslavian identity. Despite the dissolution of Yugoslavia in the early 1990s and the subsequent rise of distinct national identities, some individuals continue to identify as Yugoslavian. The study therefore aimed to understand how these immigrants maintain their Yugoslavian identity and perceive their national and ethnic identities, through a qualitative approach utilizing semi-structured interviews. The findings reveal that the Yugoslavian identity is perceived as one of unity, acceptance, and inclusion, shaped and maintained by various factors together. The research contributes to the field of migration and ethnic relations by explaining the solid nature of Yugoslavian identity, and its ability to transcend time and space, showing how it is influenced and maintained by a combination of various factors.

La présente thèse a pour objet l’étude de la relation entre la preuve et la responsabilité pénale des supérieurs hiérarchiques devant les juridictions pénales internationales. Ces juridictions sont chargées de juger les responsables des crimes de masse. La question est donc de savoir comment elles procèdent, sur quelles preuves elles se basent et quel mode de participation est le plus adapté pour juger ces responsables. / This thesis deals with the study of the relationship between evidence and criminal responsibility of high ranking officers before international criminal courts. These courts judge the persons responsible for having committed mass crimes. The question is how they proceed, on which evidence they rely and which mode of participation is the most adequate to do so.

In 1948 the international community in reaction to the horrors of the holocaust sought to eradicate genocide forever by creating the 'Convention on the Prevention and Punishment of the Crime of Genocide'. This Convention criminalised the preparation and act of genocide by international law, making all individuals accountable irrelevant of status or sovereignty. But the Convention has not been enough to deter the act of genocide from occurring again, and again, and again. Worst, the international community has been slow to react to cases of genocide. The problem with preventing and punishing genocide is hindered by the power and right of veto held by permanent members of the UNSC. The UNSC has been given the responsibility to maintain international peace and security and is the only entity that can mandate an intervention that overrides the principle of non-intervention. The aim of this thesis is to show that the veto has been a crucial factor in stopping the prevention of genocide, thus it is imperative that the veto change. This study argues that to effectively prevent and punish genocide the veto needs to be barred from use in cases of genocide. It looks at different cases since the Armenian genocide during WWI through to the Darfur genocide which is still in process. The case of Armenia is significant because for the first time, members of the international community were prepared to hold leaders of another state accountable for their treatment of their own citizens. However the collective will to bring justice to those accountable waned coming to an abrupt end in 1923. The holocaust followed in WWII; six million Jews died, and numerous other groups were targeted under the Nazi's serial genocide. The shock of the holocaust led to the Genocide Convention. But thirty years later during the Cold War, Cambodia became embroiled in a genocide perpetrated by the Khmer Rouge. The international community silently stood by. The USSR, China, and the US all had their reasons to stay out of Cambodia, from supporting a regime with a likeminded political ideology to war weariness from Vietnam. In the 1990s, genocides in Rwanda and the former Yugoslavia (Bosnia and Kosovo) followed. The former was neglected by the US's unwillingness to be involved in another peacekeeping disaster. The two genocides in the former Yugoslavia were affected by Russia and China's reluctance to use military force even after the clear failure of serial negotiations. Finally, in 2003 Darfur became the latest tragedy of genocide. Again, Russia and China have been timid of calling the conflict genocide thus avoiding any affirmative action to stop it. These cases all show that where one state is unwilling to be involved in stopping genocide, their right and power to the veto stops or delays the international community from preventing and punishing genocide, regardless of whether the veto is used or merely seen as a threat. Therefore, for future prevention of genocide, the veto needs to be changed to prevent its use in times of genocide.

Thesis (Ph. D.)--Universität, Frankfurt am Main, 2006. / Material type: Dissertations. Includes bibliographical references (p. 283-317).

This dissertation explores the types of professional communities that are built when teachers work in initiatives that, in various forms, link them to teachers from other countries. In doing so it explores the types of knowledge that may be exchanged by the building of these communities and the value that teachers put upon these different forms of knowledge. Therefore, this study is situated in the broad theoretical context of discussions related to the building of professional communities but explores this within a specifically international context. The most significant findings that this dissertation identifies are: that the teachers involved built the professional communities that are most important to them in more exploratory ways and with more agency than is suggested by other related research, and in connection to this that those professional communities that the participants attached most significance to were consistently alternative to the immediate workplace. It was also found that whilst the teachers involved in this study problematised the possibility of directly transferring specific classroom strategies, stories about teaching were seen by all to be useful vehicles for exchanging other forms of knowledge, for enabling affirmation and for co-constructing moral purpose. These findings have potential implications for policy and practice as they indicate that structures that focus exclusively on developing communities within schools may need to be enriched by those that provide teachers with the flexibility to discover and build communities in alternative ways too. The primary data collection method used when conducting this research was interview. The participants who were interviewed came from two countries, namely England and Macedonia. This entirely qualitative approach is positioned within an interpretivist paradigm. However, it is argued that contributions to theoretical debates regarding the nature of professional communities can still be made.

Magister Legum - LLM / Even though sexual violence has always been a part and parcel of conflicts and atrocities throughout the ages, it never found any interpretation by subsequent tribunals who were responsible for prosecuting offenders.The case of The Prosecutor v Jean-Paul Akayesu was the first of its kind to give jurisprudential recognition and interpretation to sexual violence as war crimes, crimes against humanity and genocide respectively. This case was important for the following reasons:1. It acknowledged that sexual violence can amount to an act of genocide; 2. It acknowledged that sexual violence can amount to a crime against humanity; and 3. It was the first case to define rape within an international context.Following the case of The Prosecutor v Jean-Paul Akayesu many tribunals gave recognition to the extent of which sexual violence takes place during atrocities by correctly convicting accused for either participating in sexual violence or aiding and abetting to sexual violence. Amidst the various interpretations on what constitutes sexual violence and how it is defined, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone all either conceptualised sexual violence as genocide, war crimes or/ and crimes against humanity.At the same time, the development of sexual violence as either a crime against humanity or a war crime did not end with the courts. The case of The Prosecutor v Jean-Paul Akayesu sparked a fire in the international community, which led to it paying more attention to the place of sexual violence in treaty law. Taking into account that rape is listed as a crime against humanity in both the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda statutes, the Special Court for Sierra Leone and the International Criminal Court statutes both list more than one form of sexual violence as a crime against humanity. It is interesting to note that the latter two treaty developments took place only after the International Criminal Tribunal conceptualised sexual violence as a crime against humanity.Thus apart from merely listing rape as a crime against humanity, the Statute establishing the Special Court for Sierra Leone, states in article 2(g) that sexual slavery, enforced prostitution, forced pregnancy and any other form of sexual violence constitutes a crime against humanity. The Statute establishing the International Criminal Court states in article 7(1)(g) that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity constitutes a crime against humanity. The interpretation of these acts is further guided by the ‘Elements of Crimes’ which are annexed to the International Criminal Court statute.Once again it is interesting to note that the ‘Elements of Crimes’ for these acts are similar to how the International Criminal Tribunals (both the former Yugoslavia and Rwanda tribunals) conceptualised various acts of sexual violence.On the other hand, the definition of genocide remained the same as it was defined in the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. This definition does not expressly mention any form of sexual violence as a form of genocide.However, once again, the trial chamber in the case of The Prosecutor v Jean-Paul Akayesu set the benchmark for sexual violence to constitute a form of genocide by way of interpretation. The definition of genocide did not subsequently change in the Statute establishing the International Criminal Court.Based on these premises, this thesis attempts to investigate the similarities and differences in sexual violence as a form of both genocide and a crime against humanity,by addressing the following question:What are the essential and practical differences between sexual violence as crimes against humanity and genocide and what is the legal effect of the differences, should there be any? Chapter 1 highlights the historical overview and developments of sexual violence as genocide and crimes against humanity, while chapter 2 investigates how sexual violence can amount to a form of genocide. Chapter 3 assesses the advances made in sexual violence as a crime against humanity, while chapter 4 importantly draws a comparative analysis between sexual violence as genocide and a crime against humanity. Chapter 4 draws this comparison by weighing up four differences and four similarities in sexual violence as genocide and a crime against humanity.Chapter 5 highlights the conclusion and provides an answer for the research question that is posed above. Here it is concluded that even though there exist multiple differences in sexual violence as crimes against humanity and genocide, there are also multiple similarities which could possibly amount to a better chance for conviction of an accused under a crime against humanity than genocide. Chapter 5 also provide possible recommendations for the consequences that might flow should sexual violence as a crime against humanity be fairly similar to sexual violence as genocide.

The Master's thesis "Investment and tax environment of selected former Yugoslavian countries" deals with current tax systems and investment environment of Bosnia and Herzegovina, Croatia and Slovenia. The first three chapters of the thesis are focused on the economic situation of selected countries, their business relations among themselves and the EU countries, foreign direct investment and rating. The fourth key chapter starts with the tax theory and fiscal harmonization within the European Union in order to give detailed analysis of tax systems with emphasis on current development. In conclusion is elaborated the comparison of selected tax systems.

The development of joint criminal enterprise at the International Criminal Tribunal for the Former Yugoslavia (ICTY) has been controversial since the doctrine was first created in 1997. For the judgments rendered by the ICTY to be perceived as legitimate, the doctrines used to bring charges against defendants must also be perceived as legitimate. The purpose of my thesis is to study the application of joint criminal enterprise at the ICTY and examine how the doctrine has influenced the length of sentences given. I find that joint criminal enterprise may be influencing longer sentences and the three categories of joint criminal enterprise are being used differently on defendants of different power levels. By empirically analyzing the patterns developing at the ICTY, I can see how joint criminal enterprise is influencing sentencing and the fairness of trials.

“Här kommer våra svenskar!” är en turismvetenskaplig studie som undersöker hur andra generationens invandrare från det forna Jugoslavien beskriver sina motiv till diasporaresor samt hur diasporaresorna påverkar andra generationens invandrare från det forna Jugoslavien identitetsupplevelser. Studien har hållit en kvalitativ ansats där nio informanter intervjuades om deras erfarenheter av diasporaturism. Den tidigare forskning om diasporaturism har legat till grund för vår studie. Majoriteten av den tidigare forskningen om diasporaturism fokuserar på första generationens invandrare. Forskning om andra generationens invandrare i allmänhet och andra generationens invandrare från det forna Jugoslavien i synnerhet är bristfällig. Denna studie påvisar att det finns indikationer på att diasporaturism har en påverkan på identitetsupplevelsen hos andra generationens invandrare från det forna Jugoslavien. Utöver att studiens informanter bekräftar den tidigare forskningens resonemang om diasporaturisters resemotiv kan studien även presentera ett outforskat bakomliggande resemotiv hos informanterna vilka är intressanta implikationer för den framtida forskningen. / “Här kommer våra svenskar!” is an tourism study that studies how second generation immigrants from former Yugoslavia describe their motives for diaspora tourism as well as how diaspora tourism effects the individuals perception of identity. This study has used a qualitative methodological approach where the empirical data was collected through nine interviews with second generation immigrants from former Yugoslavia concerning their experiences of diaspora tourism. This study shows that there is some indication that diaspora tourism has an effect on second generation immigrants from former Yugoslavias perception of identity. In addition to confirming previous diaspora tourism studies travel motives, this study also puts forward a previously unexplored underlying travel motive which has interesting implication for future tourism studies.

In July 1995, more than 8,000 young boys and men were executed by Bosnian Serb Forces in what was later declared a genocide in Srebrenica. In the following years, Bosnia and Herzegovina has undergone a long and difficult process of restoring peace and achieving justice and reconciliation. The country's main challenges have mainly concerned Dayton peace agreement and its division of entities and political power, tensions between parties and a structural exclusion of minorities. Following the extensive legal process, a national and international denial of the genocide, and denial of the legitimacy of the ICTY has been dominant. Other historical events like “Safe area” and UN action during the war and the occupation of Srebrenica are important factors for the development towards a democracy. The aim of this thesis is to investigate through a qualitative method the consequences of the denial of the Srebrenica genocide and its impact on the country's ability to achieve peace, justice and reconciliation. Other key concepts are sustainable peace, truth and justice in relation to human rights. Hannah Arendt's theories of total domination, tyranny and political revisionism constitutes the theoretical framework of the thesis. These theories are used to gain a deeper understanding of the concepts, their meaning and how they can be related to countries' transitional justice and achieve peace after serious war crimes. The study shows that the country is strongly affected by its history and the serious violations that the Bosnian Muslim population was subjected to during the war. The widespread denial of the genocide is an extension of suffering and human rights violations, which strongly impedes the country's ability to achieve peace, justice and reconciliation. Other results are that more knowledge is needed about the choice of legal methods after serious violations of humanitarian law. The methods discussed in the study are international tribunals and truth commissions and in which countries these are most adequate. The study has identified gaps in research regarding the understanding of the importance interpersonal relationships, dialogue and a smaller distance between political systems and citizens has for Bosnia & Herzegovina and for countries' recovery and reconciliation processes.