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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221. An example of such an individual is Muharem Murselović, an Omarska survivor who has<br />
testified in several ICTY cases and has worked tirelessly to encourage Muslims to return to his<br />
hometown of Prijedor. See Chapter IV.G.<br />
222. Commission of the European Communities, Bosnia and Herzegovina, 2009 Progress Report<br />
(Oct. 14, 2009), at 20, www.delbih.ec.europa.eu/docs/ProgressReport20092.pdf.<br />
223. As the a UN report explains, the right to know what happened, the right to justice, and the<br />
right to reparation and guarantees of non-recurrence are fundamental principles which need to<br />
be provided to victims in order to combat impunity. See e.g., Report of the independent expert to<br />
update the Set of principles to combat impunity, Diane Orentlicher, Impunity, Addendum, Updated<br />
Set of principles <strong>for</strong> the protection and promotion of human rights through action to combat impunity,<br />
UN Doc. E/CN.4/2005/102/Add.1, Feb. 8, 2005. The rights and principles encompass a broad<br />
range of needs that victims require.<br />
IV. Achievements, Failures, and Per<strong>for</strong>mance<br />
224. Interview with Nidžara Ahmetašević, editor, BIRN, Sarajevo, July 13, 2009.<br />
225. Interview with Gojko <strong>Be</strong>rić, journalist and columnist of Oslobod¯enje, Sarajevo, July 17, 2009.<br />
226. Interview with Džafer Deronjić, Association of the Families of Missing, Forcibly Detained<br />
and Murdered Bosniaks of Bosnia and Herzegovina, Brčko, July 22, 2009.<br />
227. Interview with Dobrila Govedarica, executive director, Open Society Fund BiH, Sarajevo,<br />
Nov. 29, 2006.<br />
228. Interview with Fadil Budnjo, president, Association of Families of Killed and Missing from<br />
Foča and Kalinovik, Ilidža, July 24, 2009.<br />
229. Interviews with Sead Golić, Association of the Families of Missing, Forcibly Detained and<br />
Murdered Bosniaks of Bosnia and Herzegovina, Brčko, July 22, 2009; Mirsad Tokača, president,<br />
Research and Documentation <strong>Center</strong> Sarajevo, Sarajevo, Dec. 6, 2006.<br />
230. Interview with Dobrila Govedarica, executive director, Open Society Fund BiH, Sarajevo,<br />
Nov. 29, 2006. At the time of this interview, two men whom Bosnians most associate with wartime<br />
atrocities, Radovan Karadžić and Ratko Mladić, were still at large more than eleven years after they<br />
were first indicted.<br />
231. Interview with Vehid Šehić, president, Citizens Forum of Tuzla, Tuzla, July 15, 2009. Šehić<br />
noted that “very few” of the ICTY’s verdicts “fulfilled justice 100 percent simply because of the point<br />
that a court is limited by the procedures and facts it can use to reach a final decision.” Id.<br />
232. Interview with Mirsad Tokača, president, Research and Documentation <strong>Center</strong> Sarajevo,<br />
Sarajevo, Dec. 6, 2006.<br />
233. Interview with Fadil Budnjo, president, Association of Families of Killed and Missing from<br />
Foča and Kalinovik, Ilidža, July 24, 2009. As noted earlier, the range captured here may be partly<br />
a function of the nature of our interlocutors’ experiences during the war. See Chapter III, note 130<br />
(noting that a study based on qualitative interviews of Bosnians found that victims who had survived<br />
internment, lost close relatives, been internally displaced, been injured in a landmine explosion<br />
and/or been subjected to sexual violence tended to have the highest expectations of the ICTY at the<br />
outset, resulting in deeper disappointments later): Janine Natalya Clark, The Limits of Retributive<br />
Justice; Findings of an Empirical Study in Bosnia and Hercegovina, 7 J. Int’l Crim. J. 463, 467 (2009).<br />
152 NOTES