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

124. The Research and Documentation Center of Sarajevo has documented approximately
100,000 individuals who either were confirmed killed or disappeared as a result of the 1990s
violence, of whom 40.82 percent were civilians (some of the military victims were prisoners of
war). See Research and Documentation Center (Sarajevo), Ljudski gubici u Bosni i Hercegovni 91–95
(Human Losses in Bosnia and Herzegovina 1991–95), graph 6, www.idc.org.ba/. As of July 2009,
3,790 victims were buried in the cemetery in Potočari after being exterminated in the Srebrenica
genocide. Large areas of the graveyard remained open for those whose remains which had yet to be
identified. A memorial at the graveyard recorded 8,372 victims whose deaths had been confirmed
as of the end of 2009.
125. Interview with Mirsad Tokača, president, Research and Documentation Center Sarajevo,
Sarajevo, Dec. 6, 2006.
126. Interview with Asta Zimbo, former director, Civil Society Initiatives Program, International
Commission on Missing Persons, Sarajevo, Dec. 6, 2006.
127. See also Lara Nettlefield, Courting Democracy in Bosnia and Herzegovina: The Hague Tribunal’s
Impact in a Postwar State (Cambridge University Press, forthcoming 2010).
128. For example, Gordan Kalajdžić said, “The truth is, Bosniaks were the major victims [in
the war]. They suffered the most.” Yet Kalajdžić went on to claim that the “rate” of suffering was
“higher for Serbs.” Interview with Gordan Kalajdžić, president of Foča chapter of the Association
of Republika Srpska Veterans, Foča, July 20, 2009.
129. Of the civilians whose death or disappearance during the war has been confirmed by the
Research and Documentation Center in Sarajevo, 83.33 percent were Bosniak; 10.27 percent were
Serbs; 5.45 percent were Croat; and almost one percent had another ethnicity. 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/.
130. One survey limited to respondents in Sarajevo found that “more than seven of every 10
respondents reported themselves to be victims of war crimes and crimes against humanity; [about n]
ine of 10 respondents reported the victimization of a family member or close friend.” Sanja Kutnjak
Ivković and John Hagan, The Politics of Punishment and the Siege of Sarajevo: Toward a Conflict Theory
of Perceived International (In)justice, 40 L. and Soc’y R. 369, 383 (2006). Another study based on
qualitative interviews of 171 Bosnians found that victims who had survived internment, lost close
relatives, been internally displaced, been injured in a landmine explosion and/or been subjected
to sexual violence tended to have the highest expectations of the ICTY at the outset, resulting in
deeper disappointments later. Janine Natalya Clark, The Limits of Retributive Justice; Findings of an
Empirical Study in Bosnia and Hercegovina, 7 J. Int’l Crim. J. 463, 467 (2009).
131. Interview with Jasna Bakšić Muftić, professor, Faculty of Law, University of Sarajevo, Sarajevo,
Nov. 30, 2006.
132. Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil, Epilogue, pp. 253–
254 (Penguin Books, 1994 ed.).
133. See, for example, Ralph Zacklin, “The Failings of Ad Hoc International Tribunals,” 2 Journal
of International Criminal Justice 541 (2004); Helena Cobban, “Think Again: International Courts,”
Foreign Policy, May 8, 2006.
134. Interview with Sadik Trako, president, Association of Victims and Missing Persons in Lašva
Valley, Vitez, Dec. 6, 2006.
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