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

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estored to them. The early return of refugees and displaced persons is an important objective<br />

of the settlement of the conflict in Bosnia and Herzegovina. The Parties confirm that<br />

they will accept the return of such persons who have left their territory, including those who<br />

have been accorded temporary protection by third countries.<br />

Dayton Peace Agreement, Annex 7, 1, at http://www.state.gov/www/regions/eur/bosnia/dayann7.<br />

html.<br />

527. See id., 5.<br />

528. Confidential interview with ICTY judge.<br />

529. Tim Judah, “The Fog of Justice,” 51 N.Y. Rev. Books, Jan. 15, 2004.<br />

530. See UNHCR, “Update on Conditions <strong>for</strong> Return to Bosnia and Herzegovina,” Jan. 2005 (an<br />

estimated 2.2 million people were <strong>for</strong>cibly displaced during the war); Roberto <strong>Be</strong>lloni, State Building<br />

and <strong>International</strong> Intervention in Bosnia, p. 125 (2008) [hereafter State Building] (approximately 2.3<br />

mission people left their homes during and in the immediate aftermath of the conflict).<br />

531. Roberto <strong>Be</strong>lloni, State Building, p. 126.<br />

532. Id., p. 133.<br />

533. Id., p. 134.<br />

534. Id., p. 130.<br />

535. Id., pp. 129-130.<br />

536. By the end of 2008, the UNHCR reported that there had been 467,297 total minority<br />

returns to place of origin in Bosnia since the Dayton accords entered into effect. UNHCR in BiH,<br />

Statistics Package, Dec. 31, 2008, at http://www.unhcr.ba/updatedec08/SP_12_2008.pdf. Such data<br />

likely overstate the number of actual numbers of persons who have made their original homes their<br />

principal residence. According to the Helsinki Committee <strong>for</strong> Human Rights in BiH, the UNHCR’s<br />

data are based on <strong>for</strong>mal returns of property and do not reflect such facts as whether the original<br />

owner actually returned to his/her home or instead immediately resold it. See Helsinki Committee<br />

<strong>for</strong> Human Rights in BiH, Report on the Status of Human Rights in Bosnia and Herzegovina (Analysis<br />

<strong>for</strong> the period January-December 2005), p. 2, at http://www.bh-hchr.org/Reports/reportHR2005.htm.<br />

537. <strong>Be</strong>lloni writes that “[h]ard line politics, international isolation and lack of reconstruction<br />

funding all made Prijedor a very difficult and unlikely case <strong>for</strong> successful minority return” and<br />

“international return schemes neglected this municipality.” Id., p. 137.<br />

538. Isabelle Wesselingh and Arnuad Vaulerin, Raw Memory: Prijedor, Laboratory of Ethnic Cleansing,<br />

p. 90 (SAQI in association with the Bosnian Institute, 2005).<br />

539. Id., p. 91. Writing in 2005, Wesselingh and Vaulerin reported that over 12,000 Bosnian<br />

Croats and Muslims had returned to Prijedor since the war’s end. Id., p. 92.<br />

540. Id., p. 92. Among the reasons <strong>for</strong> this, <strong>Be</strong>lloni cites the desire of European countries to<br />

repatriate the large numbers of Bosnians who had become refugees during the war. See Roberto<br />

<strong>Be</strong>lloni, State Building, p. 131. According to staff of the UN High Commissioner <strong>for</strong> Human Rights<br />

in Bosnia, there may have been a disproportionately large number of refugees in Western Europe<br />

from Prijedor, because the worst atrocities in Prijedor occurred early in the war, when European<br />

countries were more welcoming of Bosnian refugees. Thus when these countries’ welcome wore<br />

out, there were a large number of exiles from Prijedor who had to return to Bosnia and had not<br />

174 NOTES

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