That Someone Guilty Be Punished - International Center for ...

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Notes 1. Introduction 1. See Chapter III in particular. We also examine contributions by the ICTY that were not initially anticipated but which, in time, emerged as important. Most important in this regard is our discussion of the Tribunal’s role in spurring the establishment of a national crimes chamber in Bosnia. 2. Research and Documentation Center (Sarajevo), Ljudski gubici u Bosni i Hercegovni 91-95 (Human Losses in Bosnia and Herzegovina 1991-95), graph 36, www.idc.org.ba/. The charts are available at http://www.idc.org.ba/index.php?option=com_content&view=section&id=35&Itemid=126& lang=bs, by clicking on “Bosna i Hercegovina.” There is no English version on the RDC website. 3. Interview with Mirsad Tokača, president, Research and Documentation Center Sarajevo, Sarajevo, Dec. 6, 2006. 4. Interview with Asta Zimbo, former director, Civil Society Initiatives Program, International Commission on Missing Persons, Sarajevo, Dec. 6, 2006. 5. Id. 6. Interview with Jasna Bakšić Muftić, professor, Faculty of Law, University of Sarajevo, Sarajevo, Nov. 30, 2006. 7. Interview with Mirsad Duratović, Prijedor, Dec. 8, 2006. 8. Interview with Gojko Berić, journalist and columnist for Oslobod¯enje, Sarajevo, July 17, 2009. 135
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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
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Enumerating victims’ frustrations
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While some of our Bosnian interlocu
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2. Biljana Plavšić On October 2,
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Others interviewed during the same
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executions, the execution in Korić
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D. Significant Verdicts, Other Ruli
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at least 2012; another, Ratko Mladi
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could be legally attributed to Serb
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Hasečić leads, the Association of
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ings … went before any expectatio
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enica survivor Kada Hotić describe
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they are in the shadow of Karadži
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First, individuals who had been for
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Kovačević, who was under indictme
Page 86 and 87: says it was “not the major reason
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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 139 and 140: fiction. Marlise Simons, “Karadzi
Page 141 and 142: 49. Aryeh Neier, War Crimes, p. 124
Page 143 and 144: 72. See id., pp. 232-38. 73. Goldst
Page 145 and 146: 101. Philip Shenon, “War Crimes S
Page 147 and 148: 124. The Research and Documentation
Page 149 and 150: 148. The ICTY Appeals Chamber summa
Page 151 and 152: 174. Interview with Branko Todorovi
Page 153 and 154: 204. Interview with Ðoren Kalajdž
Page 155 and 156: 234. Interview with Fadil Budnjo, p
Page 157 and 158: Gotovina be handed over to Hague?,
Page 159 and 160: Simo Zarić (Jan. 21, 2004), Stevan
Page 161 and 162: een convicted of genocide. The ICTY
Page 163 and 164: 332. See Monika Nalepa, “Why Do T
Page 165 and 166: 367. Daria Sito-Sučić, “Muslim
Page 167 and 168: should be considered in mitigation,
Page 169 and 170: 411. Interview with Nerma Jelačić
Page 171 and 172: 449. As reported in Simon Jennings,
Page 173 and 174: 481. Interview with Ivan Lovrenovi
Page 175 and 176: 512. As noted earlier, Karadžić e
Page 177 and 178: elocated within the country. Interv
Page 179 and 180: knew of a witness who, by virtue of
Page 181 and 182: y September 2003. While RS authorit
Page 183 and 184: 634. Interview with Mirsad Duratovi
Page 185 and 186: 665. In Chapter IV.C we discuss man
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and mechanisms associated with a so
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713. The Rome Agreement signed by t
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253. See also William W. Burke-Whit
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have been much more difficult. See
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own work. See Seventh annual report
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771. See id., p. 280. Other element
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the Court. See, e.g., Final Report
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transparency of the Chamber in thes
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of redundancy in the files.” Davi
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863. Id., § 4.1.3 (internal citati
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independent, impartial and professi
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919. Interview with Dobrila Govedar
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Open Society Institute The Open Soc
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