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

332. See Monika Nalepa, “Why Do They Return? Evaluating the Impact of ICTY Justice on Reconciliation,”
pp. 17–18 n.20 (Jan. 26, 2007).
333. See Excerpt of Guilty Plea Statement of Dražen Erdemović at http://www.icty.org/sid/212.
Alongside his remorse, Erdemović made a statement that would later provide a basis for resentencing:
“Your Honour, I had to do this. If I had refused, I would have been killed together with the
victims. When I refused, they told me: ‘If you’re sorry for them, stand up, line up with them and
we will kill you too.’ I am not sorry for myself but for my family, my wife and son who then had
nine months, and I could not refuse because then they would have killed me.” Prosecutor v. Dražen
Erdemović, Case No. IT-96-22-T, Sentencing Judgment, 10 (Nov. 29, 1996).
334. Prosecutor v. Dražen Erdemović, Case No. IT-96-22-T, Sentencing Judgment, 55 (Nov. 29,
1996).
335. Prosecutor v. Dražen Erdemović, Case No. IT-96-22-A, Judgment (Oct. 7, 1997).
336. This time, Erdemović pleaded guilty to a war crimes charge; the ICTY prosecutor withdrew
the crime against humanity charge. See Prosecutor v. Dražen Erdemović, Case No. IT-96-22-Tbis,
Sentencing Judgment, 8 (Mar. 5, 1998).
337. Id., 21.
338. Interview with Kada Hotić, vice president, Mothers of Srebrenica and Žepa Enclave, Sarajevo,
July 24, 2009.
339. Interview with Hatidža Mehmedović, Mejra Ðogaz, and Hanifa Ðogaz, Association of Srebrenica
Mothers, Potočari, July 21, 2009. When he pleaded guilty, Erdemović said that in one
instance, when he was able to resist orders to execute Muslim men without being killed himself, he
did in fact refuse those orders. See Prosecutor v. Dražen Erdemović, Case No. IT-96-22-T, Sentencing
Judgment, 81 (Nov. 29, 1996).
340. Interview with Zdravko Grebo, director, Center for Interdisciplinary Postgraduate Studies,
University of Sarajevo, Sarajevo, July 13, 2009.
341. Interview with Mirsad Tokača, director, Research and Documentation Center, Sarajevo, Dec.
6, 2006.
342. Interview with Nidžara Ahmetašević, editor, Balkan Investigative Reporting Network in BiH,
Sarajevo, July 13, 2009.
343. Plavšić had surrendered to the ICTY after learning that there was a sealed indictment against
her. See Carla Del Ponte in collaboration with Chuck Sudetic, Madam Prosecutor: Confrontations with
Humanity’s Worst Criminals and the Culture of Impunity, p. 161 (Other Press, 2009).
344. See Marlise Simons, “Ex-Bosnia Leader Enters Guilty Plea to The Hague,” New York Times,
Oct. 3, 2002.
345. Prosecutor v. Biljana Plavšić, Case No. IT-00-39and40/1-S, Sentencing Judgment, 74 (Feb.
27, 2003), quoting Plavšić Written Statement (hereafter Plavšić Sentencing Judgment).
346. Marlise Simons, “Ex-Bosnia Serb Leader Enters Guilty Plea to The Hague,” New York Times,
Oct. 3, 2002 (quoting Judith Armatta of the Coalition for International Justice).
347. Humanitarian Law Center, “Acknowledgment, Taking of Responsibility, Remorse—The Way
to Reconciliation,” Oct. 3, 2002.
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