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681. “Controversial group in Srebrenica incident,” RTV B92 News, July 13, 2009. 682. Interview with Refik Hodžić, ICTY liaison officer, Sarajevo, July 13, 2009. 683. Interview with Srd¯an Dizdarević, president, BiH Helsinki Committee, Sarajevo, Dec. 1, 2006. 684. Interview with Senad Pećanin, editor, Dani, Sarajevo, Dec. 6, 2006. 685. Interview with Nidžara Ahmetašević, editor, Balkan Investigative Reporting Network in BiH, Sarajevo, July 13, 2009. 686. Interview with Saša Madacki, director, Human Rights Centre, University of Sarajevo, Sarajevo, July 17, 2009. 687. United Nations Development Programme, Transitional Justice Guidebook for Bosnia and Herzegovina: Executive Summary (Sarajevo, 2008), at 27–28; Humanitarian Law Center (Belgrade), Documenta (Zagreb), and Research and Documentation Center (Sarajevo), Transitional Justice in Post-Yugoslav Countries: Report for 2006, at 22–234. For 688. Decision to Form a State Commission for Establishing Truth on the Fates of Serbs, Croats, Bosniaks, Jews, and Others in Sarajevo in the Period between 1992 and 1995, June 25, 2006. See Bogdan Ivanisevic, The War Crimes Chamber in Bosnia and Herzegovina: From Hybrid to Domestic Court, International Center for Transitional Justice, 2008, 37; Nidzara Ahmetasevic and Mirna Mekic, “Multiple Versions of the Truth”, Balkan Insight, April 26, 2006. 689. Website for the Coalition: http://korekom.org/. The list of organizations that are members of the Coalition is available at http://www.korekom.org/webpage/52. See also BalkanInsight.Com on “Why RECOM Matters” at http://www.balkaninsight.com/en/main/info/24057. 690. President Jorda addressed the issue at length in a speech in Sarajevo in May 2001 in which he warned about overlap between the mandate of a Bosnian Truth Commission and the ICTY. ICTY Press Release, 17 May 2001, JL/P.I.S./591-e. VI. Impact on Domestic War Crimes Prosecutions 691. Interview with Gojko Berić, journalist and columnist of Oslobod¯enje, Sarajevo, July 17, 2009. 692. When the phrase “transitional justice” first gained wide currency, it was used to describe efforts of “countries undergoing the radical shift from repression to democracy” to “purge the remnants of [their] vilified recent past” through processes emblematic of the rule of law and thereby “demonstrate a separation between the old and the new governments.” Neil J. Kritz, “The Dilemmas of Transitional Justice,” I Transitional Justice: How Emerging Democracies Reckon with Former Regimes xxi (United States Institute of Peace, 1995). The central preoccupation of transitional justice discourse was the extraordinary nature and constitutive role of justice in periods of political transition. See Ruti G. Teitel, Transitional Jurisprudence: The Role of Law in Political Transformation, 106 Yale L.J. 2009, 2011 (1996–97); Ruti G. Teitel, Transitional Justice 3 (Oxford University Press, 2000). Increasingly, the term has been used in ways that emphasize the mechanisms associated with earlier conceptions of transitional justice—prosecutions of human rights violators, truth commissions, and vetting processes—more than the context in which these processes are used. See, for example, Report of the Secretary-General on transitional justice in conflict and post-conflict countries, UN Doc. S/2004/616, 8 (2004) (defining transitional justice as “compris[ing] the full range of processes 184 NOTES
and mechanisms associated with a society’s attempts to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation”). ICTJ uses the phrase transitional justice to mean “a response to systematic or widespread violations of human rights[,] which seeks recognition for victims and to promote possibilities for peace, reconciliation and democracy. Transitional justice is not a special form of justice but justice adapted to societies transforming themselves after a period of pervasive human rights abuse. In some cases, these transformations happen suddenly; in others, they may take place over many decades.” ICTJ Web site, at http://ictj.org/en/tj/#1. 693. Although widely known as the War Crimes Chamber, the chamber is officially called Section I for War Crimes of the Court of Bosnia and Herzegovina. 694. This relationship is established in Article 9 of the ICTY Statute. 695. Report of the Secretary-General Pursuant to Paragraph 2 of Security Council Resolution 808, 64, UN Doc. S/255704 (May 3, 1993). 696. Annual Report of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991, UN Doc. A/49/342; S/1994/1007, 20 (Aug. 29, 1994). 697. Id., 87 (emphasis added). The 1949 Geneva Conventions to which Judge Cassese referred provide for universal jurisdiction over grave breaches of those conventions—war crimes that fall within the subject matter jurisdiction of the ICTY when committed in the territory of the former Yugoslavia since 1991. Two months after this report’s publication date, the ICTY prosecutor filed a deferral request in relation to a Bosnian Serb suspect, Dušan Tadić, against whom German prosecutors had already begun a criminal proceeding. As noted in Chapter II, Tadić became the ICTY’s first defendant. 698. Organization for Security and Cooperation in Europe, War Crimes Trials Before the Domestic Courts of Bosnia and Herzegovina: Progress and Obstacles, p. 4 (March 2005) (hereafter OSCE, Progress and Obstacles); see also Human Rights Watch, Justice at Risk: War Crimes Trials in Croatia, Bosnia and Herzegovina, and Serbia and Montenegro, p. 6 (Oct. 13, 2004) (Hereafter HRW, Justice at Risk). 699. Fidelma Donlon, “Rule of Law: From the International Criminal Tribunal for the Former Yugoslavia to the War Crimes Chamber of Bosnia and Herzegovina,” in Deconstructing the Reconstruction: Human Rights and the Rule of Law in Postwar Bosnia and Herzegovina, 255–284, at p. 262 (Dina Francesca Haynes, ed., 2008) (hereafter Donlon, Rule of Law). 700. Id., p. 264. 701. William W. Burke-White, The Domestic Influence of International Criminal Trials: The International Criminal Tribunal for the Former Yugoslavia and the Creation of the State Court of Bosnia and Herzegovina, 46 Colum. J. Transnat’l L. 279, 315 (2008). By 2002, some 80% of Bosnia’s judges and prosecutors had been appointed during the 1990s conflict. See Donlon, Rule of Law, at 264. 702. OSCE, Progress and Obstacles, p. 4. See also 22nd Report by the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations, 53 (May 14, 2002), at http://www.ohr.int/print/?content_id=8069 (noting: “War crimes prosecutions have suffered due to the inadequacy of the domestic system. … [I]n several cases, police have refused to act against high-profile criminals because they know that the offenders will be quickly released and will never be effectively prosecuted. The judicial system of BiH has not merely suffered the ravages THAT SOMEONE GUILTY BE PUNISHED 185
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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
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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
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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
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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
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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 184 and 185: admit to the existence of war crimi
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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
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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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