That Someone Guilty Be Punished - Open Society Foundations

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Copyright © 2010 by the Open Society Institute and Diane F. Orentlicher. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without the prior permission of the publisher. ISBN: 978-1-936133-28-4 Published by Open Society Institute 400 West 59th Street New York, NY 10019 USA www.soros.org For more information contact: Open Society Justice Initiative International Center for Transitional Justice 400 West 59th Street 5 Hanover Square, 24 th Floor New York, NY 10019 USA New York, NY 10004 USA www.justiceinitiative.org www.ictj.org Cover photos: Bosnian Serb wartime leader Radovan Karadzic on trial for war crimes in The Hague, August 28, 2008 l © Valerie Kuypers l AFP l Getty Images A Bosnian Muslim woman at a 2010 memorial ceremony places a flower near the names of relatives killed in July 1995 l © Elvis Barukcic l AFP l Getty Images Bosnian Serb military chief, General Ratko Mladic, at September 1995 press conference l © Milos Jelesijevic l AFP l Getty Images Text layout and printing by Judit Kovács l Createch Ltd.
Table of Contents Acknowledgments 7 Methodology 9 I. Introduction 11 II. Background 23 A. The Creation of the ICTY 23 B. Early Investigations and Indictments 24 C. Peace and Justice 26 D. Governance Structure 27 E. The Post Dayton Peace 28 F. Cooperation by Bosnian Authorities 30 III. Victims’ Justice 31 A. “That Someone Guilty Be Punished” 34 B. Prevention: No One Is above the Law 36 C. Restoring and Maintaining Peace 38 D. Reconciliation 39 E. The Truth 42 F. “The Hague Has Made It Harder To Deny Abuses” 42 5
Page 1: That Someone Guilty Be Punished The
Page 5: That Someone Guilty Be Punished The
Page 9 and 10: Acknowledgments Diane Orentlicher,
Page 11 and 12: Methodology This report draws upon
Page 13 and 14: I. Introduction On May 25, 1993, th
Page 15 and 16: Victims’ Justice The Security Cou
Page 17 and 18: in the . Srebrenica genocide. Many
Page 19 and 20: Journalist Nidžara Ahmetašević r
Page 21 and 22: survive “ethnic cleansing.” Muh
Page 23: ings [of Bosnia’s judiciary were]
Page 26 and 27: from territories under Serb control
Page 28 and 29: C. Peace and Justice If the ICTY fa
Page 30 and 31: groups are approximately the same s
Page 32 and 33: F. Cooperation by Bosnian Authoriti
Page 34 and 35: Women [who were captured by Serb so
Page 36 and 37: Tribunal’s expressive function in
Page 38 and 39: We found this view to be nearly uni
Page 40 and 41: Branko Todorović, who heads the He
Page 42 and 43: full establishment of healthy and c
Page 44 and 45: Sali-Teržić believes that justice
Page 46 and 47: committed war crimes, a notion that
Page 48 and 49: J. “Justice Isn’t Just in Legal
Page 50 and 51: Vehid Šehić, who believes the ICT
Page 52 and 53: Because our own research did not in
Page 54 and 55: imposed on two other perpetrators c
Page 56 and 57:
feared it would be reduced to half
Page 58 and 59:
Enumerating victims’ frustrations
Page 60 and 61:
While some of our Bosnian interlocu
Page 62 and 63:
2. Biljana Plavšić On October 2,
Page 64 and 65:
Others interviewed during the same
Page 66 and 67:
executions, the execution in Korić
Page 68 and 69:
D. Significant Verdicts, Other Ruli
Page 70 and 71:
at least 2012; another, Ratko Mladi
Page 72 and 73:
could be legally attributed to Serb
Page 74 and 75:
Hasečić leads, the Association of
Page 76 and 77:
ings … went before any expectatio
Page 78 and 79:
enica survivor Kada Hotić describe
Page 80 and 81:
they are in the shadow of Karadži
Page 82 and 83:
First, individuals who had been for
Page 84 and 85:
Kovačević, who was under indictme
Page 86 and 87:
says it was “not the major reason
Page 88 and 89:
their names are not publicly disclo
Page 91 and 92:
V. Truth and Acknowledgment The off
Page 93 and 94:
A. Acknowledging and Condemning Atr
Page 95 and 96:
We encountered another brand of non
Page 97 and 98:
Herzegovina that only serves to cau
Page 99 and 100:
3. Acknowledgement on the part of o
Page 101 and 102:
More generally, Bosnians’ percept
Page 103 and 104:
is standard procedure for prosecuto
Page 105 and 106:
crimes occurred and meet with local
Page 107 and 108:
Srd¯an Dizdarević believes that t
Page 109 and 110:
VI. Impact on Domestic War Crimes P
Page 111 and 112:
But if his words seemed to invite s
Page 113 and 114:
Rules of the Road In the aftermath
Page 115 and 116:
Responding to a question about the
Page 117 and 118:
In examining the results and prospe
Page 119 and 120:
the ICTY’s strategy for completin
Page 121 and 122:
a. Rule 11 bis cases While Rule 11
Page 123 and 124:
ut the documentation is still in th
Page 125 and 126:
December 2006, Vaso Marinković, th
Page 127 and 128:
tional judges and prosecutors are n
Page 129 and 130:
The ICTY prosecuted just one person
Page 131 and 132:
In recent years, state authorities
Page 133 and 134:
in the late 1990s, as it finally be
Page 135:
oning with the dark pages of its re
Page 138 and 139:
9. Interview with Fadil Budnjo, pre
Page 140 and 141:
38. As we note in Chapter VI, then
Page 142 and 143:
58. Richard J. Goldstone, For Human
Page 144 and 145:
84. In 1997, the Peace Implementati
Page 146 and 147:
the Security Council, S/2005/781, D
Page 148 and 149:
135. Interview with Mirsad Duratovi
Page 150 and 151:
160. The ICTY prosecutor issued the
Page 152 and 153:
2009; Patrice C. McMahon and Jon We
Page 154 and 155:
221. An example of such an individu
Page 156 and 157:
izručenje” (“Most RS Citizens
Page 158 and 159:
267. In November 2001, Dragan Kolun
Page 160 and 161:
Families of Missing, Forcibly Detai
Page 162 and 163:
vict’s sentence, including “the
Page 164 and 165:
348. See Marlise Simons, “Crossin
Page 166 and 167:
379. See Judith Armatta, “Srebren
Page 168 and 169:
2001 and was based on U.S. federal
Page 170 and 171:
426. Interview with Kada Hotić, vi
Page 172 and 173:
467. The average length of trials c
Page 174 and 175:
495. Gideon Boas and Timothy L.H. M
Page 176 and 177:
estored to them. The early return o
Page 178 and 179:
561. Murselović recalled that at t
Page 180 and 181:
other charges. See Marlise Simons,
Page 182 and 183:
of the Convention on the Prevention
Page 184 and 185:
admit to the existence of war crimi
Page 186 and 187:
681. “Controversial group in Sreb
Page 188 and 189:
and disruption of war and immediate
Page 190 and 191:
Herzegovina, 46 Colum J. Transnat
Page 192 and 193:
729. International Crisis Group, Wa
Page 194 and 195:
Change, Analysts Say,” New York T
Page 196 and 197:
tation of the Peace Agreement to th
Page 198 and 199:
Republika Srpska (31.9%). See South
Page 200 and 201:
798. E-mail communication with Pipi
Page 202 and 203:
822. As of July 2009, all but one o
Page 204 and 205:
as “horrible,” while noting tha
Page 206 and 207:
Jails Overflow,” BIRN’s Justice
Page 208 and 209:
sarily devoted mainly to prosecutin
Page 211 and 212:
Open Society Justice Initiative The
Page 214:
When the United Nations Security Co
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