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

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of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, Feb. 26, 2007, 18–24. 620. See Peter Lippman, “International Court of Justice Finds Serbia Innocent of Genocide, But Not Entirely Clean,” Washington Report on Middle East Affairs, May-June 2007, pp. 30–31, at http:// www.wrmea.com/archives/May-June_2007/0705030.html. 621. See Dragana Jovanović, “International Court Clears Serbia of Genocide,” ABC News Online, Feb. 26, 2007, at http://abcnews.go.com/International/Story?id=2906051andpage=1. 622. Quoted in Merdijana Sadović, “Bosnian Serbs Now Anxious about ICJ Ruling,” IWPR’s Tribunal Update No. 491, Mar. 4, 2007. 623. Id. 624. Rachel Irwin, “Bosnian Serbs Block Srebrenica Massacre Resolution,” April 11, 2010, http:// www.iwpr.net/report-news/bosnian-serbs-block-srebrenica-massacre-resolution. By way of contrast, a few days after the Serbian declaration the Croatian Ivo Josipovic apologized for the effects of Croatian policy during the conflict without a similar qualification: Sabina Arslanagic “Josipovic Delivers Unprecedented Apology to Bosnia,” April 14, 2010, Balkan Insight. http://www.balkaninsight.com/ en/main/news/27333/. 625. See “Bosnian Serb MPs against remembrance day for Srebrenica victims,” HINA Croatian News Agency, July 8, 2009. In January 2009 the European Parliament adopted a resolution calling on EU and Western Balkan countries to mark July 11 as a day of remembrance for Srebrenica. See “Bosnia: Srebrenica Burial in Question,” Balkan Insight, July 6, 2009. 626. As noted above, however, Bosnian Serb leader Milorad Dodik was at pains to deny that the word genocide applied to Srebrenica following the ICJ judgment. Denial of legal characterizations may be easier to sustain than denial of underlying facts, however. While Arnaut’s assertion therefore may not be true across the board, he has seen a striking difference in his interactions with Serb officials in government. 627. Interview with Damir Arnaut, advisor for legal and constitutional affairs, Cabinet of Dr. Haris Silajdžić, Sarajevo, July 16, 2009. 628. Interview with Ivan Lovrenović, editor-in-chief, Dani, July 17, 2009. 629. As noted earlier, however, many also recognize peril in insisting too strongly on describing remorse through an ethnic prism. 630. Orić was given credit for the three years he had already served in detention, and was therefore released immediately upon being sentenced to serve two years in prison. Because he was therefore released immediately after his trial verdict was rendered, some inaccurately thought he had been exonerated. Later, his conviction was overturned by the ICTY Appeals Chamber. See Prosecutor v. Naser Orić, Case No. IT-03-68-A, Appeal Judgment (July 3, 2008). 631. “Bosnian Muslim leader hails Hague verdict on Orić,” BBC Worldwide Monitoring, June 30, 2006 (from FoNet News Agency, Belgrade). 632. Interview with Sevima Sali-Terzić, senior legal advisor, BiH Constitutional Court, Sarajevo, Nov. 30, 2006. 633. Interview with Dobrila Govedarica, executive director, Open Society Fund BiH, Sarajevo, Nov. 29, 2006. 180 NOTES
634. Interview with Mirsad Duratović, Prijedor, Dec. 8, 2006. Duratović made it clear that he believed all war crimes deserve punishment and that widespread atrocities by Serbs did not justify a single violation by Bosniaks. He was nonetheless concerned that the ICTY’s approach did not reflect differences of degree and nature between crimes committed by Bosniaks and Serbs. 635. Interview with Dobrila Govedarica, executive director, Open Society Fund BiH, Sarajevo, Nov. 29, 2006. 636. Janine Natalya Clark, The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina, 7 J. Int’l Crim. J. 463, 478 (2009). 637. Jasna Bakšić Muftić, professor, Faculty of Law, University of Sarajevo, Sarajevo, Nov. 30, 2006. 638. Interview with Dobrila Govedarica, executive director, Open Society Fund BiH, Sarajevo, Nov. 29, 2006. 639. Interview with Mervan Miraščija, law program coordinator, Open Society Fund BiH, Nov. 29, 2006. 640. Interview with Sevima Sali-Terzić, legal advisor, BiH Constitutional Court, Sarajevo, Nov. 30, 2006. 641. See “Fragile Bosnia: The break-up danger; Growing fears that fractious political leaders are jeopardizing Bosnia’s future,” The Economist, Nov. 8, 2008; Dan Bilefsky, “Tensions Rise in Fragile Bosnia as Country’s Serbs Threaten to Seek Independence,” New York Times, Feb. 27, 2009. 642. See “Fragile Bosnia: The break-up danger; Growing fears that fractious political leaders are jeopardizing Bosnia’s future,” The Economist, Nov. 8, 2008. 643. When the ICJ judgment was rendered, Silajžić told ABC News: “Bosnia-Herzegovina must … purge itself of the remnants of the genocide that permeates throughout Bosnian society. We will achieve this by altering what has been founded on the genocide’s outcome — the interior structure of Bosnia and its constitution.” Dragana Jovanović, “International Court Clears Serbia of Genocide,” ABC News Online, Feb. 26, 2007, at http://abcnews.go.com/International/ Story?id=2906051andpage=1. 644. As noted earlier, many Bosnians point out that leaders of victims’ associations are themselves political actors—often very savvy ones—whose perspectives may be different than those of “ordinary victims.” 645. Interview with Dobrila Govedarica, executive director, Open Society Fund BiH, Sarajevo, Nov. 29, 2006. Although this quote is Govedarica’s, we heard this point repeatedly during each of our visits to Bosnia. 646. Id. 647. See Nicholas Kulish, “Biden Warns Bosnians against ‘Ancient Animosities’,” New York Times, May 20, 2009. 648. Interview with Emir Suljagić, author, Sarajevo, July 14, 2009. 649. An intriguing study found that Serbs in the Croatian city of Vukovar were more likely to have positive attitudes toward the ICTY, and more ready to admit that war crimes were committed by members of their own ethnic group, than Serbs in the RS town of Prijedor. The study authors speculate that the differences may have some relation to the different status of Serbs in the two towns: “The Vukovar Serbs lost their primacy and have chosen to remain in Croatia; they must THAT SOMEONE GUILTY BE PUNISHED 181
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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
Page 38 and 39:
We found this view to be nearly uni
Page 40 and 41:
Branko Todorović, who heads the He
Page 42 and 43:
full establishment of healthy and c
Page 44 and 45:
Sali-Teržić believes that justice
Page 46 and 47:
committed war crimes, a notion that
Page 48 and 49:
J. “Justice Isn’t Just in Legal
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Vehid Šehić, who believes the ICT
Page 52 and 53:
Because our own research did not in
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imposed on two other perpetrators c
Page 56 and 57:
feared it would be reduced to half
Page 58 and 59:
Enumerating victims’ frustrations
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While some of our Bosnian interlocu
Page 62 and 63:
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
Page 107 and 108:
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
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tional judges and prosecutors are n
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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 178 and 179: 561. Murselović recalled that at t
Page 180 and 181: other charges. See Marlise Simons,
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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