Barbora Hola

Barbora Hola
  • LL.M., PhD
  • Professor (Full) at Vrije Universiteit Amsterdam

About

57
Publications
12,136
Reads
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466
Citations
Current institution
Vrije Universiteit Amsterdam
Current position
  • Professor (Full)
Additional affiliations
August 2017 - October 2017
Vrije Universiteit Amsterdam
Position
  • Professor (Associate)
September 2007 - present
Vrije Universiteit Amsterdam
Position
  • Professor (Assistant)

Publications

Publications (57)
Article
Full-text available
Međugeneracijski prijenos stavova prema kažnjavanju ratnih zločina: Vinjetna studija u Bosni i Hercegovini 1 Sažetak Ova studija istražuje međugeneracijsku sličnost (tj. međugeneracijski prijenos) u stavovima pre-ma kažnjavanju ratnih zločina u Bosni i Hercegovini, postkonfliktnom društvu koje se još bori s naslijeđem rata. Koristeći vinjetnu studi...
Article
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Nearly three decades have passed since the conclusion of the last war in Bosnia and Herzegovina. Despite the absence of direct experiences or memories of atrocity crimes and mass victimization, post-war generations bear the long-term consequences of war through the influence of their parents. Collective traumas, both from the distant and recent pas...
Chapter
This chapter explores the key concepts and history of criminology being correlated with atrocity. It explains that atrocity criminology will continue to develop in association with criminologies of overlapping and related phenomena, such as war and organisational crime. The international criminalization of atrocity has been addressed by many author...
Article
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The peace agreement signed by the Colombian government and the FARC has an innovative sanctioning regime which, based on a restorative approach, offers non-custodial sanctions as a less punitive form of punishment for international crimes. However, given their leniency, these ‘special sanctions’ have caused controversy. Based on qualitative intervi...
Article
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This article assesses how the rehabilitation of perpetrators of international crimes is being constructed and evaluated at the domestic level, in particular in Croatia, and how it compares to international practice at the International Criminal Tribunal for the former Yugoslavia (ICTY) or International Residual Mechanism for Criminal Tribunals (IRM...
Article
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Criminal trials and proportional prison sentences are generally seen as the most suitable way to deal with perpetrators of atrocity crimes. Notwithstanding, traditionally conceived criminal penalties, such as imprisonment, may discourage active responsibility-taking by offenders, disaffect victims by not meeting their needs and impede meaningful en...
Article
The Oxford Handbook on Atrocity Crimes consolidates and further develops the evolving field of atrocity studies by combining major mono-, inter-, and multidisciplinary research on atrocity crimes in one volume encompassing contributions of leading scholars. Atrocity crimes—war crimes, crimes against humanity, and genocide—are manifestations of larg...
Article
The introduction discusses the concept of atrocity crimes and its origins. It outlines its main definitional characteristics, distinguishes and briefly describes the three main constitutive categories of atrocity crimes (genocide, crimes against humanity, and war crimes), and discusses similarities and differences among the three categories. The in...
Article
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This article treks through the timeworn remnants of Czechoslovakia’s Communist forced and correctional labour uranium camps in the Ore Mountains in the northwest Bohemian region of Jáchymov. These camps held tens of thousands of detainees, largely political prisoners convicted in sham trials or individuals sent there for re-education. Conditions we...
Technical Report
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In this paper, Buljubašić and Holá build upon existing theoretical and empirical knowledge stemming from criminology, conflict and peace studies, as well as from the radicalization and extremism studies, in order to explore the role of historical trauma in collective radicalisation. Historical trauma that occurred in the more or less distant past,...
Article
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The testimonies of insider witnesses are often key to prosecutions of international crimes, despite significant trustworthiness concerns. However, we know little about the practice of judicial assessments of insider testimonies, that is, which factors the judges consider relevant to relying on insider testimony. With this article, we set out to pro...
Article
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As the cornerstone of the International Criminal Court (ICC), the principle of complementarity provides that states have the primary responsibility to investigate and prosecute international crimes, and only when they are inactive, unwilling or unable to genuinely investigate and prosecute the ICC may exercise its jurisdiction. However, the relevan...
Article
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This exploratory study documents International Criminal Court ( icc ) personnel’s perspectives on the effectiveness of the icc . It examines practitioner views on the icc ’s goals, strengths, weaknesses, and effectiveness. Interviews with nine professionals from the Office of the Prosecutor, Defense, and Chambers reveal several themes. Professional...
Article
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In the last two decades, two important instruments emerged to combat mass atrocities. In 2002 the International Criminal Court (ICC) was established. Subsequently, in 2005, the international community politically committed itself to the responsibility to protect populations from mass atrocities (R2P) distinguishing three pillars: (i) the responsibi...
Article
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This paper analyses the role of remorse and apology in international criminal trials by juxtaposing two prominent cases of convicted war criminals Biljana Plavšić and Esad Landžo. Plavšić was the first and only Bosnian Serb political leader to plead guilty before the International Criminal Tribunal for the former Yugoslavia (ICTY). Her acknowledgem...
Chapter
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Until 2017 the International Criminal Tribunal for the former Yugoslavia (ICTY) has acquitted eighteen and convicted eighty-two individuals, of whom the vast majority have been given determinate sentences. It was the first tribunal to experiment with establishing sentencing agreements with States in order to enforce these sentences and to develop a...
Chapter
Both legal scholars and the general public assume—on the basis of mainly anecdotal evidence—that sentencing at the International Criminal Tribunal for the former Yugoslavia (ICTY) and at the domestic courts is widely inconsistent. As ‘the most responsible’ are sentenced by the ICTY, their allegedly more lenient sentences easily fuel ideas of ‘those...
Article
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Accurate assessment of witness testimonies underpins judicial fact-finding at international criminal courts and tribunals (ICCTs). However, the lack of formal assessment criteria and uncoordinated methods, coupled with advances in the scientific understanding of the psychology of witnessing, calls for a re-examination of the judicial practice. This...
Article
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The international criminal courts and tribunals have heard thousands of witnesses in cases of extreme complexity and breadth. Their evidentiary record is overwhelming, with live witness testimony standing out as one of its defining features. Keeping in mind the arguments and policies of judicial efficiency and fairness, this article empirically exa...
Chapter
Existing research on atrocity crimes perpetrators is predominantly theoretical and generic. Exploration of characteristics of individuals tried for their involvement in war crimes, crimes against humanity, and genocide might provide an empirical basis for a better understanding of the nature of international crimes and of criminal trials after atro...
Chapter
This chapter provides an overview of the most prominent theories, methods, and evidence in perpetrator studies. It outlines the most important theories within the field focusing on the individual perpetrator, his/her immediate situation, and the broader societal and cultural context. In addition, it describes the extent to which these theories are...
Article
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The peace agreement recently concluded between the Government of Colombia and the farc-ep not only marked a milestone in the history of Colombia and peace making; it also introduced an unprecedented penal measure: negotiated criminal punishment. This example demonstrates that criminal punishment can be moulded to accommodate the needs of a society...
Article
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Based on all publicly available International Criminal Tribunal for the Former Yugoslavia (ICTY) early release decisions as of May 31, 2017, this explorative article empirically analyzes, systematizes, and evaluates how ICTY convicts reflected on their past crimes during early release proceedings and how this affected decision-making of the ICTY Pr...
Article
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This study aims to (i) understand how the legacies of the 1994 genocide against the Tutsi and its aftermath are transmitted to the next generation within Rwandan families and (ii) explore how institutional support plays a role in the pathways of intergenerational transmission. Through an in-depth analysis of qualitative interviews with 41 mothers a...
Article
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The 1994 genocide against the Tutsi in Rwanda and its aftermath led to large-scale individual traumatization, disruption of family structures, shifts in gender roles, and tensions in communities, which are all ongoing. Previous research around the world has demonstrated the transgenerational effects of mass violence on individuals, families and com...
Chapter
With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative...
Article
Despite the great body of academic research on international criminal justice, little attention has been given to the situation of those who have been acquitted. This article aims to fill this gap by offering an empirical overview of what happens to persons acquitted by the ICTY, ICTR, and the ICC. Rather than providing an in-depth legal analysis,...
Article
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This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda.With over one million people facing trial, Rwanda constitutes the world’s most comprehensive caseof criminal accountability after genocide and presents an important case study of punishinggenocide. Criminal courts at three different levels— internati...
Article
Insider witnesses play an indispensable role in many international criminal cases. Despite often being essential for linkage evidence, the use of insider witnesses comes with a set of special concerns regarding their credibility, in turn casting doubt on the reliability of their evidence. This explorative empirical study aims to fill the gap in the...
Article
Full-text available
The main aim of the International Criminal Court (ICC) is to prosecute the most serious crimes of concern to the international community. One of the most valued features of the ICC is the independent position of the Prosecutor in selecting situations and cases to investigate. The Prosecutor, however, has been heavily criticized for his selection po...
Article
While cited as one of the goals of international sentencing and used as a factor for deciding on early release, rehabilitation of perpetrators of international crimes has thus far been neglected by academia and practitioners. This article presents an analysis of all ICTY and ICTR early release decisions handed down until July 2013, indicating how t...
Article
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As of July 2013, the ICTY, ICTR and SCSL have together convicted and sentenced over 120 perpetrators of international crimes committed during the conflicts in the former Yugoslavia, Rwanda and Sierra Leone, respectively. Only 13% of these convicts serve life imprisonment. The vast majority has been sentenced to determinate sentences. According to t...
Article
As of July 2013, the ICTY, ICTR and SCSL have together convicted and sentenced over 120 perpetrators of international crimes committed during the conflicts in the former Yugoslavia, Rwanda and Sierra Leone, respectively. Only 13% of these convicts serve life imprisonment. The vast majority has been sentenced to determinate sentences. According to t...
Article
International criminal tribunals (ICTs) constitute one of the primary examples of international institutions vested with undisputable international authority. The decisions of ICTs are final, binding on the parties to the proceedings and cannot be overturned politically. Given the proliferation of ICTs and their increased significance in current in...
Article
The international criminal justice system comprises nine international criminal courts and tribunals; six are still operational and three have closed down. On average, they operated for almost nine years apiece and concluded 172 cases in which over 250 judges and 23 chief prosecutors were involved. All in all 745 suspects were indicted, 356 were ac...
Article
The international criminal justice system comprises nine international criminal courts and tribunals; six are still operational and three have closed down. On average, they operated for almost nine years apiece and concluded 172 cases in which over 250 judges and 23 chief prosecutors were involved. All in all 745 suspects were indicted, 356 were ac...
Article
Full-text available
One of the fundamental principles of justice is consistency - like cases should be treated alike. Consistency of sentencing can be approached on several levels – the two fundamental ones being consistency in approach and consistency in outcome. The former refers to a principled way of sentence determination while the latter concerns the actual sent...
Article
The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are the first, post Cold War international criminal tribunals convicting perpetrators of genocide, crimes against humanity and war crimes. Their sentencing practice has been largely criticized as inconsistent. This quantitative study add...
Article
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The sentencing practice of the International Criminal Tribunal for Rwanda (ICTR) is a relatively neglected topic in academic discussions. The few empirical studies on sentencing of international crimes have focused primarily on the sentencing practice of its 'sister court', the International Criminal Tribunal for the Former Yugoslavia (ICTY). Unlik...
Article
This comparative, empirical study analyses the sentencing practice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). It would appear that there are large differences in ICTY and ICTR sentencing practice. This apparent divergence is examined in greater detail by describ...
Article
This quantitative study analyses the sentencing practice of the International Criminal Tribunal for the former Yugoslavia (ICTY). The sentencing process is only loosely regulated by the ICTY Statute, and consequently it is not clear how judges exercise their broad discretionary sentencing powers in practice. By analysing the existing case law, lega...
Article
Full-text available
This quantitative study analyses the sentencing practice of the International Criminal Tribunal for the former Yugoslavia (ICTY). The sentencing process is only loosely regulated by the ICTY Statute, and consequently it is not clear how judges exercise their broad discretionary sentencing powers in practice. By analysing the existing case law, lega...

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