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561. Murselović recalled that at the time he and others began to organize returns in 1998, “no single Bosniak remained to live in Kozarac” and only about 700 Bosniak and Croats out of some 60,000 before the war remained in the city of Prijedor. Interview with Muharem Murselović, member of Republicka Srpska National Assembly, president of the RS Parlamentarians Club for the Party for BiH, Banja Luka, July 15, 2009. 562. Interview with Emsuda Mujagić, Srcem do Mira, Kozarac, July 23, 2009. 563. Interview with Sabahudin Garibović, Association of Former Camp Detainees, Kozarac, July 23, 2009. 564. By the end of 2008, the UNHCR counted 22,095 minority returns to the Brčko District. UNHCR in BiH, Statistics Package, Dec. 31, 2008, at http://www.unhcr.ba/updatedec08/ SP_12_2008.pdf. 565. Interview with Matias Hellman, then ICTY liaison officer, Sarajevo, Nov. 29, 2006. 566. See Bosnia’s Brčko: Getting In, Getting On and Getting Out, p. 16 ICG Balkans Report No. 144 (June 2, 2003). 567. Jelisić was arrested in January 1998 by the Stabilization Force (SFOR) and was sentenced to 40 years’ imprisonment. Češić was arrested by Serbian authorities in 2002, and received a sentence of 18 years’ imprisonment after pleading guilty to all charges. 568. Interview with Ferhid Omerhodžić, Association of Families of Fallen and Missing from Brčko, Brčko, July 22, 2009. Omerhodžić’s efforts to promote the return of displaced persons to Brčko are undertaken in his personal capacity. 569. UNHCR, Update on Conditions for Return to Bosnia and Herzegovina, p. 4 (Jan. 2005). 570. Interview with Jasna Bakšić Muftić, professor, Faculty of Law, University of Sarajevo, Sarajevo, Nov. 30, 2006. 571. The International Police Task Force (IPTF) was responsible for vetting police, and completed its work in 2002. As a result of the process, four percent of the 24,000 active policemen were fired. See Alexander Mayer-Rieckh, “Vetting to Prevent Future Abuses: Reforming the Police, Courts, and Prosecutor’s Offices in Bosnia and Herzegovina,” in Justice as Prevention: Vetting Public Employees in Transitional Societies (Social Science Research Council and International Center for Transitional Justice, 2007), at 191. Despite this, some individuals who survived the vetting have subsequently been indicted by Bosnian State authorities on war crimes charges. See “UN-vetted police officers arrested on criminal charges,” BBC Monitoring European, Sept. 10, 2009. The Bosnian judiciary has also been vetted. Between 2002 and 2004, the High Judicial and Prosecutorial Council carried out the process of appointment of judges and prosecutors. About 30 percent of the incumbents who applied for their positions were not reappointed. Id., at 201. 572. Interview with Saša Madacki, director, Human Rights Centre, University of Sarajevo, Sarajevo, July 17, 2009. 573. Stover writes, “The majority of protected witnesses I interviewed said the measures taken in The Hague to guard their anonymity as witnesses failed, leaving them open for recriminations on their returning home from the tribunal.” Eric Stover, The Witnesses; War Crimes and the Promise of Justice in The Hague, p. 98 (Univ. of Pennsylvania Press, 2005) [hereafter The Witnesses]. Defendants who are supposed to keep the identities of “protected witnesses” secret often tell their family and friends who testified against them. See id., p. 99. One person we interviewed in Bosnia said she 176 NOTES
knew of a witness who, by virtue of the ICTY’s travel arrangements, flew home on the same plane as relatives of the defendant against whom she had just testified as a “protected witness.” Interview with Jasminka Džumhur, national legal officer, Office of the High Commissioner for Human Rights, Sarajevo, June 11, 2007. 574. See UNHCR, Update on Conditions for Return to Bosnia and Herzegovina, p. 2 (Jan. 2005); Eric Stover, The Witnesses, pp. 100–01. The Witnesses recounts a troubling episode in which an ICTY witness who faced serious threats after testifying was told that “the ICTY had nothing to do with this.” Id., pp. 102–03. But Stover also told us about a situation in which he had alerted the ICTY to harassment a witness was facing after returning home, and the ICTY relocated the individual. Interview with Eric Stover, Washington, D.C., Sept. 3, 2009. 575. Interview with Emsuda Mujagić, Srcem do Mira, Kozarac, July 23, 2009. 576. As noted earlier, however, with the passage of time many witnesses are growing reluctant to keep testifying; “witness fatigue” is a growing phenomenon. 577. Interview with Emsuda Mujagić, Srcem do Mira, Kozarac, July 23, 2009. 578. Eric Stover, The Witnesses, p. 126. 579. Interview with Muharem Murselović, member of Republicka Srpska National Assembly, president of the RS Parlamentarians Club for the Party for BiH, Banja Luka, July 15, 2009. 580. Interview with Džafer Deronjić, witness in Jelisić case, Brčko, July 22, 2009. 581. Id. 582. Interview with Gojko Berić, journalist and columnist of Oslobod¯enje, Sarajevo, July 17, 2009. 583. Interview with Senad Pećanin, editor, Dani, Sarajevo, Dec. 6, 2006. V. Truth and Acknowledgment 584. Interview with Jasna Bakšić Muftić, professor, Faculty of Law, University of Sarajevo, Sarajevo, Nov. 30, 2006. 585. Interview with Sinan Alić, director, Foundation Truth, Justice, Reconciliation, Tuzla, Dec. 5, 2006. 586. Interview with Kada Hotić, vice president, Mothers of Srebrenica and Žepa Enclave, Sarajevo, July 24, 2009. 587. Interview with Saša Madacki, director, Human Rights Centre, University of Sarajevo, Sarajevo, July 17, 2009. 588. Interview with Gojko Berić, journalist and columnist of Oslobod¯enje, Sarajevo, July 17, 2009. 589. Interview with Tarik Jusić, executive director, Mediacentar Sarajevo, Sarajevo, Dec. 6, 2006. 590. Or as Michael Ignatieff has described the goal, to “narrow the range of permissible lies” in relation to the ICTY as far back as 1996. See Michael Ignatieff “Articles of Faith,” Index on Censorship 25 (No 5) 1996, 113. 591. See Daria Sito-Sučić, “Bosnian Serb leader faces charges over massacre denial,” Reuters, Sept. 24, 2009; “Envoy slams Bosnian Serb leader for massacre denial,” Sept. 16, 2009, Agence France-Presse. This brand of denial is disturbingly similar to the narrative that Bosnian wartime leader Radovan Karadžić has put forth in his own defense during his ICTY trial on genocide and THAT SOMEONE GUILTY BE PUNISHED 177
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That Someone Guilty Be Punished The
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That Someone Guilty Be Punished The
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Table of Contents Acknowledgments 7
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Acknowledgments Diane Orentlicher,
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Methodology This report draws upon
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I. Introduction On May 25, 1993, th
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Victims’ Justice The Security Cou
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in the . Srebrenica genocide. Many
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Journalist Nidžara Ahmetašević r
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survive “ethnic cleansing.” Muh
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ings [of Bosnia’s judiciary were]
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from territories under Serb control
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C. Peace and Justice If the ICTY fa
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groups are approximately the same s
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F. Cooperation by Bosnian Authoriti
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Women [who were captured by Serb so
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Tribunal’s expressive function in
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We found this view to be nearly uni
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Branko Todorović, who heads the He
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full establishment of healthy and c
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Sali-Teržić believes that justice
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committed war crimes, a notion that
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J. “Justice Isn’t Just in Legal
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Vehid Šehić, who believes the ICT
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Because our own research did not in
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imposed on two other perpetrators c
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feared it would be reduced to half
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Enumerating victims’ frustrations
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While some of our Bosnian interlocu
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2. Biljana Plavšić On October 2,
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Others interviewed during the same
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executions, the execution in Korić
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D. Significant Verdicts, Other Ruli
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at least 2012; another, Ratko Mladi
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could be legally attributed to Serb
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Hasečić leads, the Association of
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ings … went before any expectatio
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enica survivor Kada Hotić describe
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they are in the shadow of Karadži
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First, individuals who had been for
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Kovačević, who was under indictme
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says it was “not the major reason
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their names are not publicly disclo
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V. Truth and Acknowledgment The off
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A. Acknowledging and Condemning Atr
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We encountered another brand of non
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Herzegovina that only serves to cau
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3. Acknowledgement on the part of o
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More generally, Bosnians’ percept
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is standard procedure for prosecuto
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crimes occurred and meet with local
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Srd¯an Dizdarević believes that t
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VI. Impact on Domestic War Crimes P
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But if his words seemed to invite s
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Rules of the Road In the aftermath
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Responding to a question about the
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In examining the results and prospe
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the ICTY’s strategy for completin
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a. Rule 11 bis cases While Rule 11
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ut the documentation is still in th
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December 2006, Vaso Marinković, th
Page 127 and 128: tional judges and prosecutors are n
Page 129 and 130: The ICTY prosecuted just one person
Page 131 and 132: In recent years, state authorities
Page 133 and 134: in the late 1990s, as it finally be
Page 135: oning with the dark pages of its re
Page 138 and 139: 9. Interview with Fadil Budnjo, pre
Page 140 and 141: 38. As we note in Chapter VI, then
Page 142 and 143: 58. Richard J. Goldstone, For Human
Page 144 and 145: 84. In 1997, the Peace Implementati
Page 146 and 147: the Security Council, S/2005/781, D
Page 148 and 149: 135. Interview with Mirsad Duratovi
Page 150 and 151: 160. The ICTY prosecutor issued the
Page 152 and 153: 2009; Patrice C. McMahon and Jon We
Page 154 and 155: 221. An example of such an individu
Page 156 and 157: izručenje” (“Most RS Citizens
Page 158 and 159: 267. In November 2001, Dragan Kolun
Page 160 and 161: Families of Missing, Forcibly Detai
Page 162 and 163: vict’s sentence, including “the
Page 164 and 165: 348. See Marlise Simons, “Crossin
Page 166 and 167: 379. See Judith Armatta, “Srebren
Page 168 and 169: 2001 and was based on U.S. federal
Page 170 and 171: 426. Interview with Kada Hotić, vi
Page 172 and 173: 467. The average length of trials c
Page 174 and 175: 495. Gideon Boas and Timothy L.H. M
Page 176 and 177: estored to them. The early return o
Page 180 and 181: other charges. See Marlise Simons,
Page 182 and 183: of the Convention on the Prevention
Page 184 and 185: admit to the existence of war crimi
Page 186 and 187: 681. “Controversial group in Sreb
Page 188 and 189: and disruption of war and immediate
Page 190 and 191: Herzegovina, 46 Colum J. Transnat
Page 192 and 193: 729. International Crisis Group, Wa
Page 194 and 195: Change, Analysts Say,” New York T
Page 196 and 197: tation of the Peace Agreement to th
Page 198 and 199: Republika Srpska (31.9%). See South
Page 200 and 201: 798. E-mail communication with Pipi
Page 202 and 203: 822. As of July 2009, all but one o
Page 204 and 205: as “horrible,” while noting tha
Page 206 and 207: Jails Overflow,” BIRN’s Justice
Page 208 and 209: sarily devoted mainly to prosecutin
Page 211 and 212: Open Society Justice Initiative The
Page 214: When the United Nations Security Co
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