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of this initiative submitted a draft law on the truth and reconciliation commission to the Parliamentary Assembly of BiH for consideration. But the draft never entered parliamentary procedure, principally due to lack of political will as well as fear among many victims that the work of the commission could result in amnesty for war crimes. Six years later, in May 2006, a parliamentary parties’ working group produced a similar draft law. Victims’ groups, human rights organizations, and the media were harshly critical of this effort, however, charging that it lacked transparency and involvement of civil society. The political parties, in turn, shifted the focus of their attention to the October parliamentary elections. 687 Although a more limited effort to look at crimes in Sarajevo alone resulted in the establishment in June 2006 of an official fact-finding commission by the BiH Council of Ministers, this too never got off the ground. 688 More recently, a new initiative has formed to build a coalition of civil society organizations from throughout the countries of the former Yugoslavia to motivate the public and the national governments to create a Regional Commission on Establishing the Facts on War Crimes and Grave Violations of Human Rights in the Former Yugoslavia, known as RECOM. As of late 2009, there were over 350 organizations from throughout the region who had committed to the process. 689 The ICTY’s own stance towards such efforts has also evolved, perhaps evincing a greater institutional awareness of the enormity of the challenges associated with acknowledgement of past crimes and limitations on its own role. During an earlier period of the ICTY’s work, senior court officials opposed a truth commission, in part because they feared that its work could taint evidence that would later come before the Tribunal. Even as late as 2001, then ICTY President Claude Jorda was publicly ambivalent at best about the attempt to have a separate truth-seeking body exist concurrently with the Tribunal’s work. 690 Yet by 2006 the ICTY’s public stance had shifted, and Tribunal officials have regularly participated in the public forums that led to the RECOM process, in which they have supported the idea. 106 TRUTH AND ACKNOWLEDGMENT
VI. Impact on Domestic War Crimes Prosecutions The Hague Tribunal opened the door for national courts to start trials of war criminals … This is one of the major achievements of the ICTY. 691 The phrase “transitional justice” captures one of the most tangible and perhaps most enduring ways in which the ICTY has had an impact in Bosnia and Herzegovina (although the phrase is used here in a particular sense) 692 : The Tribunal has played a distinctive role in spurring and shaping a major transition within Bosnia’s domestic system for prosecuting wartime atrocities. Along with the Office of the High Representative as well as other international and domestic actors, the ICTY helped launch a specialized war crimes chamber within the newly established Court of Bosnia and Herzegovina. 693 For reasons explained in this chapter, the work of the chamber, which has operated since early 2005, represents a major advance in Bosnia’s own efforts to provide a judicial reckoning for wartime atrocities. That an effective war crimes process was established in Bosnia also ranks among the ICTY’s most important legacies. Yet as we also make clear in this chapter, in some respects limitations in the Bosnian chamber’s work point up limits to the ICTY’s impact. The Tribunal’s role in launching this innovation represents a significant evolution in its broader relationship to justice in the former Yugoslavia. As noted earlier, when it established 107
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That Someone Guilty Be Punished The
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That Someone Guilty Be Punished The
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Table of Contents Acknowledgments 7
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Acknowledgments Diane Orentlicher,
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Methodology This report draws upon
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I. Introduction On May 25, 1993, th
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Victims’ Justice The Security Cou
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in the . Srebrenica genocide. Many
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Journalist Nidžara Ahmetašević r
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survive “ethnic cleansing.” Muh
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ings [of Bosnia’s judiciary were]
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from territories under Serb control
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C. Peace and Justice If the ICTY fa
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groups are approximately the same s
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F. Cooperation by Bosnian Authoriti
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Women [who were captured by Serb so
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Tribunal’s expressive function in
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We found this view to be nearly uni
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Branko Todorović, who heads the He
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full establishment of healthy and c
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Sali-Teržić believes that justice
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committed war crimes, a notion that
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J. “Justice Isn’t Just in Legal
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Vehid Šehić, who believes the ICT
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Because our own research did not in
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imposed on two other perpetrators c
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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: Srd¯an Dizdarević believes that t
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
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267. In November 2001, Dragan Kolun
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Families of Missing, Forcibly Detai
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vict’s sentence, including “the
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348. See Marlise Simons, “Crossin
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379. See Judith Armatta, “Srebren
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2001 and was based on U.S. federal
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426. Interview with Kada Hotić, vi
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467. The average length of trials c
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495. Gideon Boas and Timothy L.H. M
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estored to them. The early return o
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561. Murselović recalled that at t
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other charges. See Marlise Simons,
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of the Convention on the Prevention
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admit to the existence of war crimi
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681. “Controversial group in Sreb
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and disruption of war and immediate
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Herzegovina, 46 Colum J. Transnat
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729. International Crisis Group, Wa
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Change, Analysts Say,” New York T
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tation of the Peace Agreement to th
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Republika Srpska (31.9%). See South
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798. E-mail communication with Pipi
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822. As of July 2009, all but one o
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as “horrible,” while noting tha
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Jails Overflow,” BIRN’s Justice
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sarily devoted mainly to prosecutin
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Open Society Justice Initiative The
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When the United Nations Security Co
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