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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

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