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

Gotovina be handed over to Hague?,” and 26 percent answered “Yes,” “E-Day Postponed”, March
16, 2005, http://draxisblogging.blogspot.com/2005_03_01_archive.html.
254. Interview with Džafer Deronjić, witness in the Goran Jelisić case, Brčko, July 22, 2009.
255. For example,Josip Drežnjak said he had derived some satisfaction from the fact that, even
though the ICTY had not found the specific defendant guilty as charged, it had found beyond a
reasonable doubt that crimes violating international law had been committed. Interview with Josip
Drežnjak, president, Association of Missing Croat Persons from Grabovica, Mostar, July 18, 2009.
Fatima Fazlić, who lost her husband during the war, said she would derive satisfaction “[just] in the
fact that some of the suspects have been arrested even if the court decides there is not sufficient
evidence and he is released. … Even that is satisfaction.” Interview with Fatima Fazlić, president,
Izvor (Association of Prijedor Women), Prijedor, July 23, 2009. In a similar vein, Marin Brkić, who
is seeking justice for members of his family killed during the war, says that if those responsible
spent even one day in prison, “that would mean so much to me[;] I would then say … that justice
has been served.” Marin Brkić, Association of Missing, Forcibly Taken Away and Fallen Croats of
Brčko District, Brčko, July 22, 2009.
256. This conception tracks closely with common conceptions of retributivist-based theories of
punishment. See, for example, Mark A. Drumble, Atrocity, Punishment, and International Law, p. 15
(Cambridge Univ. Press, 2007).
257. Interview with Sabahudin Garibović, Association of Former Camp Detainees, Kozarac, July
23, 2009.
258. Interview with Mirsad Tokača, president, Research and Documentation Center Sarajevo,
Sarajevo, Dec. 6, 2006.
259. Interview with Senad Pećanin, editor, Dani, Sarajevo, Dec. 6, 2006.
260. Gojko Janković—34 years; accused in the Kravica genocide case (Milenko Trifunović—33
years, Brano Džinić—32 years, Aleksandar Radovanović—32 years, Petar Mitrović—28 years, Slobodan
Jakovljević—28 years, Branislav Medan—28 years); Duško Knežević—31 years; Milorad
Trbić—30 years; Niset Ramić—30 years; Mirko (Mile) Pekez—29 years; Jadranko Palija—28 yrs.
261. The Kunarac case, mentioned in the introduction to Chapter III, was the first judgment in
history to find that crimes of sexual violence constitute the crime against humanity of enslavement.
See Kelly D. Askin, Prosecuting Wartime Rape and Other Gender-Related Crimes under International
Law: Extraordinary Advances, Enduring Obstacles, 21 Berkeley J. Int’l L. 288, 333 (2003).
262. Interview with Fadil Budnjo, president, Association of Families of Killed and Missing from
Foča and Kalinovik, Ilidža, July 24, 2009.
263. The defendants who received 15-year sentences each are Milorad Krnojelac and Dragan
Zelenović. See ICTY Web site at http://www.icty.org/x/cases/krnojelac/cis/en/cis_krnojelac_en.pdf
and http://www.icty.org/x/cases/zelenovic/cis/en/cis_zelenovic_en.pdf.
264. The War Crimes Chamber pronounced the following sentences: Gojko Janković—34 years’
imprisonment (for crimes including murder, torture, rape, and sexual slavery); Ned¯o Samardžić—24
years (rape, sexual slavery); Radovan Stanković—20 years (torture, rape); Savo Todović—12 and a
half years, and Mitar Rašević—7 years (persecution); and, Miodrag Nikačević—8 years (rape).
265. See Richard J. Goldstone, For Humanity: Reflections of a War Crimes Investigator, p. 79 (2000).
266. Interview with Edin Ramulić, Izvor Association, Prijedor, Dec. 8, 2006.
THAT SOMEONE GUILTY BE PUNISHED 155