Legal Truth in Practice: Civil Society Perceptions of Bosnia and Herzegovina’s 2021 Genocide-Denial Law

In July 2021, the High Representative enacted amendments to the Criminal Code of Bosnia and Herzegovina that criminalize genocide denial and the glorification of war crimes. While scholarly debate has primarily centered on the law’s imposition, political backlash, and limited enforcement, less attention has been given to how civil society actors engaged in memory, justice, and reconciliation perceive and interact with this legal intervention. This thesis aims to address that gap by examining how these actors interpret Inzko’s genocide-denial law within the context of their everyday work. Utilizing qualitative content analysis of 61 publicly available documents produced by five civil society organizations, the study conceptualizes perception through the lens of legal consciousness. The analysis reveals three recurring modes of perception: leveraging, mitigating, and bypassing. Some actors actively mobilize the law as a source of moral authority and as a catalyst for accountability,...Show moreIn July 2021, the High Representative enacted amendments to the Criminal Code of Bosnia and Herzegovina that criminalize genocide denial and the glorification of war crimes. While scholarly debate has primarily centered on the law’s imposition, political backlash, and limited enforcement, less attention has been given to how civil society actors engaged in memory, justice, and reconciliation perceive and interact with this legal intervention. This thesis aims to address that gap by examining how these actors interpret Inzko’s genocide-denial law within the context of their everyday work. Utilizing qualitative content analysis of 61 publicly available documents produced by five civil society organizations, the study conceptualizes perception through the lens of legal consciousness. The analysis reveals three recurring modes of perception: leveraging, mitigating, and bypassing. Some actors actively mobilize the law as a source of moral authority and as a catalyst for accountability, while others recognize its normative legitimacy but remain mindful of its risks and limitations. Additionally, some deliberately shift away from legal terminology in favor of pedagogical and dialogical approaches. The findings indicate that civil society’s responses to the law are not uniform. Instead, perceptions are influenced by organizational mandates and target audiences. By emphasizing perception, this study illustrates that the significance and impact of legal memory governance depend not only on legal design but also on how the law is interpreted, activated, or set aside in practice.Show less

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Legal Truth in Practice: Civil Society Perceptions of Bosnia and Herzegovina’s 2021 Genocide-Denial Law