That Someone Guilty Be Punished - International Center for ...
That Someone Guilty Be Punished - International Center for ...
That Someone Guilty Be Punished - International Center for ...
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9. Interview with Fadil Budnjo, president, Association of Families of Killed and Missing from<br />
Foča and Kalinovik, Ilidža, July 24, 2009.<br />
10. We explore some of the reasons <strong>for</strong> this early approach in Chapter II.<br />
11. All chapters look at this issue to some extent, but Chapter IV does so in the most detail.<br />
12. Throughout this report we use the word “war crimes” as shorthand <strong>for</strong> the three types of<br />
international crimes that can be prosecuted by the ICTY—serious violations of the laws of armed<br />
conflict, which are commonly called “war crimes;” crimes against humanity; and genocide—rather<br />
than in a legally precise sense.<br />
13. Plavšić nonetheless provided testimony under court order in one case. See Chapter IV.C.2.<br />
14. Interview with Muharem Murselović, member of Republika Srpska National Assembly,<br />
President of the RS Parlamentarians Club <strong>for</strong> the Party <strong>for</strong> BiH (Haris Silajdzic Party), Banja Luka,<br />
July 15, 2009.<br />
15. Interview with Sevima Sali-Terzić, senior legal advisor, BiH Constitutional Court, Sarajevo,<br />
Nov. 30, 2006.<br />
16. Patricia M. Wald, Tyrants on Trial: Keeping Order in the Courtroom (Open Society Justice<br />
Initiative, 2009), available at http://www.soros.org/initiatives/justice/focus/international_justice/<br />
articles_publications/publications/tyrants_20090911/tyrants_20090911.pdf.<br />
17. This is the highest figure, from 1996, when the <strong>International</strong> Force (IFOR) in Bosnia had<br />
60,000 troops, of which “50,000 troops [were] provided by NATO nations and approximately<br />
10,000 from non-NATO contributors.” Larry K. Wentz (ed.), Lessons From Bosnia: The IFOR Experience,<br />
National Defense University/Command and Control Research Program, 1998, www.dodccrp.<br />
org/files/Wentz_Bosnia.pdf, p. 477. The Stabilization Force (SFOR), the legal successor to IFOR,<br />
“was activated on 20 December 1996,” Wentz, p. 480. In January 1997, there were “approximately<br />
32,000 troops deployed in B[iH] with contributions from all the NATO nations and from the 18<br />
non-NATO countries”. S/1997/81, 27 January 1997 (Monthly report to the UN SC on SFOR operations,<br />
para. 2), http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N97/023/06/PDF/N9702306.<br />
pdf?OpenElement.<br />
18. Interview with Sevima Sali-Terzić, senior legal advisor, BiH Constitutional Court, Sarajevo,<br />
Nov. 30, 2006. Karadžić was arrested in July 2008, almost one and a half years after we interviewed<br />
Sali-Teržić.<br />
19. Id.<br />
20. Interview with Jasminka Džumhur, national legal officer, Office of the UN High Commissioner<br />
<strong>for</strong> Human Rights, Sarajevo, June 11, 2007.<br />
21. Interview with Nidžara Ahmetašević, editor, Balkan Investigative Reporting Network in BiH,<br />
Sarajevo, July 13, 2009.<br />
22. Id.<br />
23. Ian Traynor, “Radovan Karadzic fails to appear <strong>for</strong> war crimes trial,” The Guardian, Oct. 26,<br />
2009; David Charter, “Fury as Karadzic refuses to turn up <strong>for</strong> war crimes trial,” The Times, Oct. 27,<br />
2009. When the judges threatened to impose counsel if Karadžić continued his boycott, his trial<br />
was ultimately delayed until March 1, 2010 in order to give imposed counsel time to defend Karadžić<br />
if he continued to obstruct the proceedings. Upon the brief resumption of his trial in March 2010,<br />
Karadžić claimed that the war was “just and holy” and that the massacres at Srebrenica were a<br />
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