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admit to the existence of war criminals on their side if they wish to remain as accepted citizens of the state.” In contrast, Serbs in Prijedor “are still trying to attain recognition for their status and need to distance themselves from the horrors that occurred in their name.” Mikloš Biro et al., “Attitudes toward justice and social reconstruction in Bosnia and Herzegovina and Croatia,” in in My Neighbor, My Enemy: Justice and Community in the Aftermath of Mass Atrocity, 183, 193-95 (Eric Stover and Harvey M. Weinstein, eds., Cambridge Univ. Press 2004). While we do not have an opinion on the authors’ theory, situational factors surely play a large role in the way the ICTY’s work is interpreted. 650. Interview with Ivan Lovrenović, editor-in-chief, Dani, Sarajevo, July 17, 2009. 651. Interview with Muharem Murselović, member of Republicka Srpska National Assembly, president of the RS Parlamentarians Club for the Party for BiH (Haris Silajdzic Party), Banja Luka, July 15, 2009. 652. Id. 653. The situational factors suggested in note 650 above seem to hold true even in 2009: a recent study found that the prevailing reality of Serb dominance and public denial in the area overshadowed all other experiences of even those victims whose cases had been directly judged by ICTY. Refik Hodžić “Living the Legacy of Mass Atrocities: Victims’ Perspectives on War Crimes Trials,” Journal of International Criminal Justice (2010), 1. 654. Interview with Nerma Jelačić, then director of Balkan Investigative Reporting Network in BiH, Sarajevo, Dec. 1, 2006. 655. Interview with Sinan Alić, director, Foundation Truth, Justice, Reconciliation, Tuzla, Dec. 5, 2006. 656. Interview with Zdravko Grebo, director, Center for Interdisciplinary Postgraduate Studies, University of Sarajevo, Sarajevo, Dec. 4, 2006. 657. Interview with Mirsad Tokača, director, Research and Documentation Center Sarajevo, Sarajevo, Dec. 6, 2006. 658. Interview with Emir Suljagić, advisor to the mayor, Sarajevo, July 14, 2009. While Nerma Jelačić believes that the Tribunal has already had “a huge effect in terms of establishing the historical record of what happened, for example conditions in the Omarska camp” and that this “is important for victims [and] for society,” she also believes that this is important “for future generations when we have normal history books.” Interview with Nerma Jelačić, then director of Balkan Investigative Reporting Network in BiH, Sarajevo, Dec. 1, 2006. 659. See “ICTY Destroyed Some Srebrenica Material,” BIRN, May 5, 2009. 660. Kristin Deasy and Dženana Halimović, “After Hague destroys Srebrenica evidence, survivors feel pain of lost memories,” RFE/RL (Prague), Sept. 3, 2009. 661. See id. 662. See id. 663. Interview with Mirsad Tokača, director, Research and Documentation Center, Sarajevo, July 24, 2009. 664. Interview with Asta Zimbo, then director of Civil Society Initiatives Program, ICMP, Sarajevo, Dec. 6, 2006. 182 NOTES
665. In Chapter IV.C we discuss many Bosnians’ frustrations with sentences imposed following a plea agreement and note that to some extent victims’ frustrations may be compounded by the fact that they do not know what forms of cooperation the ICTY prosecutor secured through the negotiations. 666. Janine Natalya Clark, The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina, 7 J. Int’l Crim. J. 463, 467 (2009). 667. Interview with Branko Todorović, president, Helsinki Committee for Human Rights in Republika Srpska, Bijeljina, Dec. 5, 2006. Describing his early visits to The Hague, Todorović captured the prevailing attitude this way: “Why do we need to show those people in the Balkans what we are doing, to prove ourselves? What we are doing is right.” After undertaking our judicial work, “we will have the verdicts. What the reflections of those verdicts will be is not our interest. We don’t want to be biased.” Id. 668. Id. 669. Interview with Anton Nikiforov, special advisor for political affairs to then Prosecutor Carla Del Ponte, The Hague, Mar. 5, 2007. 670. See Lal C. Vohrah and Jon Cina, “The Outreach Programme,” Ch. 40 in Richard May, ed., Essays on ICTY Procedure and Evidence in Honour of Gabrielle Kirk McDonald, p. 554 (Kluwer, 2000). 671. Interview with David Tolbert, former deputy prosecutor, former registrar, and former chef de cabinet to President McDonald, New York, April 27, 2010. 672. FIDH, Victims’ Rights before the ICC, Ch. III: Outreach, p. 8 (quoting Olga Kavran). 673. Interview with Nerma Jelačić, then director, Balkan Investigative Reporting Network in BiH, Sarajevo, Dec. 1, 2006. 674. See http://www.icty.org/sections/Outreach/BridgingtheGap. Other programs in which ICTY officials meet with Bosnians took place sooner. Branko Todorović described a meeting he helped organize between ICTY officials and local lawyers in Banja Luka, followed by similar encounters over several years. In his view, these helped transform what began as a hostile relationship to more of a partnership. Interview with Branko Todorović, president, Helsinki Committee for Human Rights in Republika Srpska, Bijeljina, Dec. 5, 2006. 675. Id. We heard similar accounts of this episode from Sead Golić, whom we interviewed in Brčko in July 2009, and former ICTY Deputy Prosecutor David Tolbert, who participated in this program, in April 2008. 676. Interview with Branko Todorović, president, Helsinki Committee for Human Rights in Republika Srpska, Bijeljina, Dec. 5, 2006. 677. Interview with Nerma Jelačić, then director, Balkan Investigative Reporting Network in BiH, Sarajevo, Dec. 1, 2006. 678. Interview with Branko Todorović, president, Helsinki Committee for Human Rights in Republika Srpska, Bijeljina, Dec. 5, 2006. 679. Interview with Branko Todorović, president, Helsinki Committee for Human Rights in Republika Srpska, Sarajevo, July 14, 2009. 680. Interview with Nerma Jelačić, then director, Balkan Investigative Reporting Network in BiH, Sarajevo, Dec. 1, 2006. THAT SOMEONE GUILTY BE PUNISHED 183
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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
Page 56 and 57:
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
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tional judges and prosecutors are n
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The ICTY prosecuted just one person
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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 182 and 183: of the Convention on the Prevention
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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