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58. Richard J. Goldstone, For Humanity: Reflections of a War Crimes Investigator, p. 105 (2000). 59. Id. 60. Id., pp. 105–06. 61. Much of the evidence supporting the indictment of Nikolić came from a source who had fled the region and who had been a guard at a camp where Nikolić murdered, tortured, and illegally detained Muslim prisoners. The New York Times had published a series of articles based on this man’s account in August 1994. See Roger Cohen, “Tribunal Charges Serbian Camp Commander with War Crimes,” New York Times, Nov. 8, 1994. Although indicted in November 1994, Nikolić eluded arrest until April 20, 2000. See ICTY Web site at http://www.icty.org/x/cases/dragan_nikolic/cis/en/cis_nikolic_dragan.pdf. 62. See Monika Nalepa, “Why Do They Return? Evaluating the Impact of ICTY Justice on Reconciliation,” p. 30 (Jan. 26, 2007). Michelle Nicholasen, “What about Milosevic?,” Frontline Online (no date available) at http://www.pbs.org/wgbh/pages/frontline/shows/karadzic/trial/milosevic.html. 63. Charles Trueheart, “War Crimes Tribunal Gathers Momentum; 4 Trials Underway for Atrocities in Bosnia, but top Figures Remain at Large,” Washington Post, Mar. 3, 1998. 64. See Gary J. Bass, “Settling with the Enemy; The Dicey Politics of Negotiating Peace in the Balkans with Accused War Criminals,” Washington Post, Oct. 29, 1995 (describing opposition by Europeans to the idea of the ICTY since it was first proposed on the ground “that pursuing this sort of justice would interfere with peace-making further down the road”); Carla Anne Robbins, “Balkan Judgments; World Again Confronts Moral Issues Involved in War-Crimes Trials; Some Feel U.N. Delays Peace in Former Yugoslavia by Pursuing Atrocities,” Wall Street Journal, July 13, 1993. 65. See Jonathan S. Landay, “Opening the docket: trials of a war tribunal,” Christian Science Monitor, Nov. 16, 1994. 66. The Bosnian Serbs’ military chief, Ratko Mladić, was also routinely engaged by European diplomats. See Human Rights Watch, Selling Justice Short: Why Accountability Matters for Peace, p. 25 (July 2009). http://soc.kuleuven.be/iieb/CPRS/cahiers/Vol83.pdf, at 42–43 and 60–61. Later, the ICTY prosecutor—by then, Louise Arbour—would face a similar challenge. Her concern that Slobodan Milošević would escape prosecution if she did not act quickly was among the primary reasons for filing the first Milošević indictment only two months after the beginning of the massive campaign of ethnic cleansing undertaken by the Serbian and Yugoslav forces in Kosovo in 1999. See Diane F. Orentlicher, Shrinking the Space for Denial: The Impact of the ICTY in Serbia (Open Society Justice Initiative, 2008), at 35 and 112. 67. As we discuss further in Chapter IV, while Srebrenica is known for the massacre of well over 7,000 males in July 1995, the siege began years earlier. 68. See Pierre Hazan, Justice in a Time of War, p. 66. 69. Richard J. Goldstone, For Humanity, p. 103. 70. Security Council Resolution 836, adopted on June 4, 1993, authorized the UN Protection Force (UNPROFOR) in Bosnia and UN Member States to use force to protect so-called “safe areas” that were under siege. These included Sarajevo, Bihać, Tuzla, Srebrenica, Žepa, and Goražde. 71. Gary Bass writes that the late August 1995 shelling of a marketplace in Sarajevo was, coming soon after the Srebrenica assault, the last straw that prompted NATO’s response. See Gary Bass, Stay the Hand of Vengeance, p. 231. 140 NOTES
72. See id., pp. 232–38. 73. Goldstone, For Humanity, p. 103. 74. Gary Bass describes the Tribunal prosecutor’s and president’s concerns that amnesties would be offered at Dayton in Stay the Hand of Vengeance, pp. 242–43. 75. See Stephen Engelberg, “Panel Seeks U.S. Pledge on Bosnia War Criminals,” New York Times, Nov. 3, 1995. 76. Goldstone denies that he deliberately issued the second indictments during the peace talks but concedes that he speeded up their preparation “[w]hen it was announced that the Dayton talks were to take place.” Goldstone, For Humanity, p. 108. Just before he issued the Srebrenica indictments, Goldstone also issued his first set of indictments against Serbian officers in relation to the worst massacre in Croatia, which took place in Vukovar in November 1991. See e.g. Prosecutor v. Mrkšić et al., [Initial] Indictment, IT-95-13/1-I, “Vukovar Hospital,” 26 Oct. 1995; Prosecutor v. Hadžić, [Initial] Indictment, IT-04-75-I, 21 May 2004. See also Roger Cohen, “Tribunal Indicts 3 Serbia Officers; Hague Inquiry Moves Closer to Belgrade’s Leadership,” New York Times, Nov. 10, 1995. 77. See Gary J. Bass, Stay the Hand of Vengeance, p. 241. 78. See Richard Holbrooke, To End a War, p. 222. 79. General Framework Agreement for Peace in Bosnia and Herzegovina, Annex IA, Art. X. UN Member States were already required to cooperate pursuant to the resolution establishing the ICTY. See S.C. Res. 827, 4. 80. The negotiating parties were unable to reach agreement on the location of the Inter-Entity Boundary Line in the northern town of Brčko, and instead provided for arbitration to resolve this matter. The outcome of the arbitration was to establish an autonomous District of Brčko, under the control of neither entity. General Framework Agreement for Peace in Bosnia and Herzegovina, Annex 2, Art. V. 81. See Haris Siladzjic interviewed by Christiane Amanpour, “Bosnian leader: ‘Ethnic cleansing’ continues 15 years after war,” CNN, at http://amanpour.blogs.cnn.com/2010/03/02/bosnian-leaderethnic-cleansing-continues-15-years-after-war/. 82. The PIC was established at an implementation conference held in London on Dec. 8–9, 1995, subsequent to the completion of the negotiations of the Dayton Peace Agreement the preceding month. It comprises a group of 55 countries and international organizations. See the OHR Web site, http://www.ohr.int/ohr-info/gen-info/#6. 83. The OHR Web site describes the office this way: [The] Office of the High Representative (OHR) is an ad hoc international institution responsible for overseeing implementation of civilian aspects of the accord ending the war in Bosnia and Herzegovina . The position of High Representative was created under the General Framework Agreement for Peace in Bosnia and Herzegovina, usually referred to as the Dayton Peace Agreement, that was negotiated in Dayton, Ohio, and signed in Paris on December 14, 1995. The High Representative, who is also EU Special Representative (EUSR) in Bosnia and Herzegovina, is working with the people and institutions of Bosnia and Herzegovina and the international community to ensure that Bosnia and Herzegovina evolves into a peaceful and viable democracy on course for integration into Euro-Atlantic institutions. http://www.ohr.int/ohr-info/gen-info/default.asp?content_id=38519. THAT SOMEONE GUILTY BE PUNISHED 141
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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
Page 9 and 10:
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
Page 38 and 39:
We found this view to be nearly uni
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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
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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
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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
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says it was “not the major reason
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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 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
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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
Page 208 and 209:
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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