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

160. The ICTY prosecutor issued the Tribunal’s first indictment in November 1994, eight months
before the Srebrenica genocide. The two men who were charged with genocide in relation to Srebrenica,
Ratko Mladić and Radovan Karadžić, were first indicted on July 25, 1995. But the initial
indictment did not include the Srebrenica massacre, which had just occurred. See Initial Indictment
of Radovan Karadžić and Ratko Mladić at http://www.icty.org/x/cases/mladic/ind/en/kar-ii950724e.
pdf. Four months after the Srebrenica massacre, the ICTY prosecutor issued a second indictment
against the two suspects charging genocide in relation to that massacre. See Second Indictment of
Radovan Karadžić and Ratko Mladić at http://www.icty.org/x/cases/mladic/ind/en/kar-ii951116e.
pdf.
161. Interview with Nura Begović, member of the Presidency, Women of Srebrenica, Tuzla, July
21, 2009. Begović lost sixteen relatives, including her brother, during the Srebrenica massacre. See
Aida Alić, “Peace of Mind Still Eludes Srebrenica Families,” BIRN Justice Report, July 9, 2009, at
http://www.bim.ba/en/174/10/20973/.
162. See, for example, Patrice C. McMahon and David P. Forsyth, “The ICTY’s Impact on Serbia:
Judicial Romanticism meets Network Politics,” 30 Human Rights Quarterly 412, 417 (2008) (“the
short-term impact of the ICTY on the disintegrating Yugoslav state was obvious and disappointing:
it neither stopped nor deterred violence”).
163. As noted earlier, the ICTY does not itself have the power to arrest suspects and thus relies
upon states and multilateral forces to do so.
164. The ICTY requested Germany to defer its prosecution of Dušan Tadić, who became the first
defendant to stand trial at the ICTY. Tadić was transferred to The Hague on April 24, 1995—less
than three months before the Srebrenica genocide.
165. Fourth Annual Report of the [ICTY], UN Doc. A/52/375; S/1997/729, 4–5 (Sept. 18, 1997).
166. Sixth Annual Report of the [ICTY], UN Doc. A/54/187; S/1999/846, 5 (Aug. 25, 1999).
167. Interview with Smail Čekić, professor of history at University of Sarajevo, and director of
Sarajevo University Institute for Research of Crimes against Humanity and International Law,
Sarajevo, July 16, 2009.
168. Interview with Nura Begović, member of Presidency, Women of Srebrenica, Tuzla, July 21,
2009.
169. Interview with Edin Ramulić, Izvor Association, Prijedor, Dec. 8, 2006.
170. Interview with Emsuda Mujagić, president, Srcem do Mira, Kozarac, July 23, 2009. The
name of the organization roughly means “Through the heart to peace.”
171. Interview with Dino Djipa, research director, PRISM Research, Sarajevo, July 13, 2009. In
a similar vein, others told us that they support the ICTY because of its “big message … to small
dictators that sooner or later they will be brought to justice.” Interview with Mirsad Tokača, director,
Research and Documentation Center Sarajevo, Sarajevo, July 24, 2009.
172. Statute of the ICTY, Art. 1.
173. Interview with ICTY Judge Wolfgang Schomburg, The Hague, March 5, 2007. There arguably
exists a tension between the deterrence rationale cited by ICTY at the sentencing stage and a
rehabilitation rationale which becomes more salient at the stage of early release determinations.
For discussion about rehabilitation as a factor determining ICTY presidents’ decisions on pardon
and commutation of sentences see infra, Ch. IV, Sec. B (Sentences).
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