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

481. Interview with Ivan Lovrenović, editor-in-chief, Dani, Sarajevo, July 17, 2009. Lovrenović
observed that “everybody’s opinion” is that one of the major failures of the ICTY is its “extreme
inefficiency, its slow pace.” Id.
482. Interview with Sevima Sali-Terzić, senior legal advisor, BiH Constitutional Court, Sarajevo,
Nov. 30, 2006.
483. See Patricia M. Wald, Tyrants on Trial, p. 13; Human Rights Watch, Weighing the Evidence:
Lessons from the Slobodan Milošević Trial, pp. 60–61 (Dec. 2006) [hereafter Weighing the Evidence].
484. Interview with Gojko Berić, journalist and columnist of Oslobod¯enje, Sarajevo, July 17, 2009.
Like Berić, Mirsad Tokača faults the prosecutor for framing an indictment that was “too wide” and
lacked sufficient focus. Interview with Mirsad Tokača, president, Research and Documentation Center
Sarajevo, Sarajevo, Dec. 6, 2006. Many commentators outside of Bosnia who have undertaken
in-depth assessments of the Milošević case agree that the lengthy indictment was at least one of the
key factors behind “the long and arduous trial.” Patricia M. Wald, Tyrants on Trial, p. 14. (While this
quote is the words of the report’s author, Patricia Wald, the context is her characterization of views
expressed by Gideon Boas, a senior legal officer at the ICTY who was responsible for managing
the Milošević trial for Chambers.) Former ICTY Judge Patricia Wald notes that “[t]here is a strong
argument made by prosecutors that it is less the length or scope of the indictment that makes for
needlessly long trials than the management of time by the prosecutor, the defense, and the court. If
the court sets reasonable time allotments and sticks to them, the trial will stay on a timely course.”
Id., p. 18. As for the scope of the indictment itself, experts who have closely analyzed the Milošević
case have suggested a range of ways to streamline the trial proceedings without significantly reducing
the overall scope of criminality addressed at trial, including better pre-trial management and
greater efforts to avoid needless duplication. See, e.g., Human Rights Watch, Weighing the Evidence,
p. 53.
485. See, for example, “Protesters burn photos of UN judges in Sarajevo,” AP, Sept. 16, 2009.
486. Interview with Dobrila Govedarica, executive director, Open Society Fund BiH, Sarajevo,
Nov. 30, 2006.
487. Interview with Hatidža Mehmedović, Mejra Ðogaz, Izvdin Ðogaz, Hanifa Ðogaz, Association
of Srebrenica Mothers, Potočari, July 21, 2009.
488. Jusić noted that the ICTY “allowed that [Milošević] was not sentenced.” Interview with Tarik
Jusić, program director, Mediacentar Sarajevo, Sarajevo, Dec. 6, 2006.
489. Id. Jusić reckons that Milošević’s death without judgment “undermined” the ICTY’s legacy
“by thirty percent.” Id.
490. Interview with Kada Hotić, vice president, Mothers of Srebrenica and Žepa Enclave, Sarajevo,
July 24, 2009.
491. Interview with Hatidža Mehmedović, Association of Srebrenica Mothers, Potočari, July 21,
2009.
492. Id.
493. Article 21 of the ICTY’s Statute provides that the accused “shall be entitled … to defend
himself in person or through legal assistance of his own choosing.”
494. Ian Fisher and Marlise Simons, “Defiant, Milošević Begins His Defense by Assailing NATO;
Calls U.N. Charges ‘Lies’,” New York Times, Feb. 15, 2002.
THAT SOMEONE GUILTY BE PUNISHED 171