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

2001 and was based on U.S. federal criminal procedure. See Vladimir Tochilovsky, The Jurisprudence
of International Courts and the European Court of Human Rights, (Martinus Nijhoff, 2008), p. 265. In
general, the rule change created a framework to make the plea agreement, including judicial involvement,
more explicit and in the process became a more valuable tool to the prosecution.
400. Interview with Nerma Jelačić, then director, Balkan Investigative Reporting Network in BiH,
Sarajevo, Dec. 1, 2006. It is worth noting that in December 2008 the ICTY launched its new web
site, which contains a substantial outreach section on guilty pleas and confessions, with transcripts
and video extracts from the proceedings. See http://www.icty.org/sid/203. It has proved to be a
popular addition; according to an ICTY official, this page was the twelfth-most viewed of the entire
site during 2009.
401. A study based on qualitative interviews with Bosnians indicates that knowledge relating
to plea bargains is quite low: few of the 171 Bosnians interviewed in this study knew which ICTY
defendants had pleaded guilty, “and even fewer had read the statements in which these defendants
acknowledge their culpability and typically express remorse.” Janine Natalya Clark, The Limits of
Retributive Justice: Findings of an Empirical Study in Bosnia and Herzegovina, 7 J. Int’l Crim. J. 463,
475 (2009). According to Fatima Fazlić, when the ICTY sentences defendants who have pleaded
guilty, the local media reports on the sentences but not on the details of the confessions themselves
“because they still see [confessions] as a betrayal of Serb interests.” Interview with Fatima Fazlić,
president of Izvor Association, Prijedor, July 23, 2009.
402. Interview with Mirsad Duratović, Prijedor, Dec. 8, 2006.
403. Prosecutor v. Radislav Krstić, Case No. IT-98-33-A, Appeal Judgment, 37 (Apr. 19, 2004). In
August 2001 Krstić was found guilty of genocide and sentenced to 46 years’ imprisonment. See
Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Trial Judgment (Aug. 2, 2001). The Appeals Chamber
found that Krstić was guilty of aiding and abetting genocide rather than of genocide itself, and
reduced his sentence to 35 years in prison. See Prosecutor v. Radislav Krstić, Case No. IT-98-33-A,
Appeal Judgment (Apr. 19, 2004).
404. Prosecutor v. Radislav Krstić, Case No. IT-98-33-A, Appeal Judgment, 37 (Apr. 19, 2004).
405. Interview with Tarik Jusić, program director, Mediacentar Sarajevo, Sarajevo, Dec. 6, 2006.
406. Interview with Senad Pećanin, editor, Dani, Sarajevo, Dec. 6, 2006.
407. Interview with Dobrila Govedarica, executive director, Open Society Fund BiH, Sarajevo,
Nov. 30, 2006.
408. Interview with Mirsad Tokača, president, Research and Documentation Center Sarajevo,
Sarajevo, Dec. 6, 2006.
409. Interview with Jasna Bakšić Muftić, professor, Faculty of Law, University of Sarajevo, Sarajevo,
Nov. 30, 2006. Bakšić Muftić also places this judgment in a wider context: The Krstić judgment
confirmed that “at the end of the 20th Century in Europe” it is possible for genocide to occur. After
that, we could believe there could be a genocide anywhere. It’s always a potential danger.” Id.
410. Interview with Hatidža Mehmedović, Association of Srebrenica Mothers, Potočari, July 21,
2009. Although Hajra Čatić was critical of the ICTY for failing to indict UN peacekeepers who
failed to stop the slaughter in Srebrenica, she said: “We can’t say they did nothing good. Krstić was
convicted of genocide.” Interview with Hajra Čatić, president, Women of Srebrenica, Tuzla, July 21,
2009.
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