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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135. Interview with Mirsad Duratović, Prijedor, Dec. 8, 2006. Among those whom Duratović lost<br />
were his father and 15-year-old brother.<br />
136. For example, saying he does “not believe in the theory of justice being a precondition <strong>for</strong><br />
reconciliation,” Zdravko Grebo said that instead, “justice is important <strong>for</strong> its own sake.” Zdravko<br />
Grebo, director, <strong>Center</strong> <strong>for</strong> Interdisciplinary Postgraduate Studies, University of Sarajevo, Sarajevo,<br />
Dec. 4, 2006.<br />
137. UN Doc. S/RES/827, preamble (May 25, 1993).<br />
138. Report of the <strong>International</strong> Tribunal <strong>for</strong> the Prosecution of Persons Responsible <strong>for</strong> Serious<br />
Violations of <strong>International</strong> Humanitarian Law Committed in the Territory of the <strong>for</strong>mer Yugoslavia<br />
since 1991, UN Doc. A/49/342-S/1994/1007, 11 (Aug. 29, 1994).<br />
139. Interview with Jasna Bakšić Muftić, professor, Faculty of Law, University of Sarajevo, Sarajevo,<br />
Nov. 30, 2006.<br />
140. Interview with Mirsad Tokača, president, Research and Documentation <strong>Center</strong> Sarajevo,<br />
Sarajevo, Dec. 6, 2006.<br />
141. Interview with Kada Hotić, vice president, Mothers of Srebrenica and Žepa Enclave, Sarajevo,<br />
July 24, 2009.<br />
142. Stefan Priesner, Lynne O’Donoghue, Alma Dedić, United Nations Development Programme,<br />
BiH, “Transitional Justice in Bosnia and Herzegovina: Findings of a Public Survey,” p. 5, paper presented<br />
at the conference “Pathways to Reconciliation and Global Human Rights,” Sarajevo, Aug.<br />
16–19, 2005. When asked what should happen to people who “caused unjustifiable harm to others<br />
during the war,” two-thirds of respondents to a poll commissioned by UNDP said they “believed<br />
that all individuals who committed war crimes should be held accountable.” Moreover there was<br />
“no significant differences between the entities and the three constituent people.” Id.<br />
143. Id., p. 7 (showing that 55 percent of those polled thought that a truth and reconciliation<br />
commission is needed and should be established).<br />
144. Interview with Nerma Jelačić, then director of Balkan Investigative Reporting Network in<br />
BiH, Sarajevo, Dec. 1, 2006. Jelačić was fifteen years old when her hometown of Višegrad was<br />
“cleansed” by Serbs.<br />
145. This point is noteworthy in itself. It has often been said that, while the international community<br />
believes that international courts should focus their finite resources on those suspected<br />
of bearing primary responsibility <strong>for</strong> mass atrocities, victims have a greater need to see the direct<br />
perpetrators punished. While this is important <strong>for</strong> many victims in Bosnia, our interlocutors were<br />
more likely to emphasize the importance of prosecuting senior suspects.<br />
146. See European Stability Initiative, “Return to Europe: Portrait of Nidžara Ahmetašević,” at<br />
http://www.esiweb.org/index.php?lang=enandid=280andportrait_ID=4.<br />
147. Interview with Nidžara Ahmetašević, editor, BIRN in BiH, Sarajevo, July 13, 2009.<br />
Ahmetašević also emphasized the value of having war crimes prosecutions be<strong>for</strong>e Bosnia’s relatively<br />
new war crimes chamber, which we discuss in Chapter VI. In her view, “it’s just crucial” to have<br />
justice “on a local level.” She added, however: “I’m not saying that Karadžić and Mladić should be<br />
tried here; we don’t have the capacity here” to try those two men, and then addressed the symbolic<br />
importance of their prosecution by an international court.<br />
146 NOTES