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as “horrible,” while noting that others are “really good” and asserting that it is “really important to have them” in the BWCC. 855. See discussion on these and related points in David Tolbert and Aleksandar Kontić, Final Report of the International Criminal Law Services (ICLS) Experts on the Sustainable Transition of the Registry and International Donor Support to the Court of Bosnia and Herzegovina and the Prosecutor’s Office of Bosnia and Herzegovina in 2009 (Dec. 15, 2008). 856. A rough assessment of whether judges with prior ICTY experience were more likely to cite ICTY case law than other judges found a weaker connection than one might expect. Of the twelve panels in which Judge Rodrigues participated during his four-year tenure, ICTY case law was cited in eight. Of the eleven panels in which Judge Davorin Jukić, a Bosnian judge, has participated, ICTY case law has been cited in ten. International judges appear generally more likely to cite ICTY cases than local judges, but with the exception of Judge Rodrigues, international judges with previous ICTY experience do not appear to be especially likely to cite ICTY jurisprudence. 857. See ICTJ, The War Crimes Chamber in Bosnia and Herzegovina: From Hybrid to Domestic Court, p. 25 (2008). 858. Prosecutor v. Dragoljub Kunarac et al., Case No. IT-96-23-T, Trial Judgment, Feb. 22, 2001. Although the crime against humanity of enslavement was defined in the Nuremberg Charter in terms that would encompass sexual enslavement, the International Military Tribunal did not explicitly recognize any crimes of sexual violence in its judgment. The Kunarac judgment was the first by an international court to recognize that, when other elements of the crime of enslavement are established, sexual slavery constitutes the crime against humanity of enslavement. 859. Prosecutor v. Radovan Stanković, Case No. X-KR-05/70, First Instance Verdict, Nov. 14, 2006, at http://www.sudbih.gov.ba/files/docs/presude/2006/Radovan_Stankovic_-_Verdict_-_ENG.pdf. 860. Some of the other convictions on charges of sexual violence include: • Ned¯o Samardžić, sentenced to 24 years’ imprisonment; • Dragan Damjanović, sentenced to 20 years; • Boban Šimšić, sentenced to 14 years; • Nenad Tanasković, sentenced to 8 years; • Gojko Janković, sentenced to 34 years; • Veiz Bjelić, sentenced to 5 years; • Jadranko Palija, sentenced to 28 years; • Željko Lelelk, sentenced to 16 years; • Zrinko Pinčić, sentenced to 9 years; • Ante Kovać, sentenced to 13 years; • Momir Savić, sentenced to 18 years; • Predrag Kujundžić, sentenced to 22 years. 861. Interview with Jasna Bakšić Muftić, professor of Human Rights, University of Sarajevo, Sarajevo, Nov. 30, 2006. 862. Amnesty International writes: “As of July 2009 the WCC had completed 33 cases with final verdicts, 12 of which included charges related to war crimes of sexual violence. There have been 57 war crimes cases pending. Fifteen of those cases included charges related to war crimes of sexual violence.” Amnesty International, Whose Justice? The Women of Bosnia and Herzegovina Are Still Waiting, § 4.1.1 (Sept. 2009). 202 NOTES
863. Id., § 4.1.3 (internal citation omitted). 864. See note 861, above. 865. Interview with Wendy Lobwein, deputy chief, Victims and Witnesses Section, ICTY, The Hague, Mar. 7, 2007. 866. Interview with Lucia Dighiero, Witness Support Unit, State Court of BiH, Sarajevo, June 12, 2007. 867. Among the lessons Dighiero learned from her experience in The Hague was that “big problems” come from having a “big unit.” Accordingly, one of her goals was to “build a small team,” as she knew from experience that there would inevitably be cycles of “down time” between busy periods. Id. 868. Id. 869. Id. Other improvements cited by Dighiero were facilitated by the proximity of victims. 870. The ICTY has, however, established a field office in Bosnia in 2001 so that it could establish contact with witnesses before and maintain contact after their testimony in The Hague. Interview with Wendy Lobwein, Deputy Chief, Victims and Witnesses Section, ICTY, The Hague, Mar. 7, 2007. 871. Id. Dighiero told us that 80 percent of the defense counsel contacted by her office provides a list of the witnesses they intend to call. Id. 872. Prosecutor v. Halilović, Case No. IT-01-48-T, Trial Judgment, Nov. 16, 2005. The acquittal was upheld on appeal. Prosecutor v. Halilović, Case No. IT-01-48-A, Appeal Judgment, Oct. 16, 2007. 873. Interview with Josip Drežnjak, president of the Association of Missing Croats from Grabovica, Mostar, July 18, 2009. 874. Interview with Drago Zadro, Mostar, July 18, 2009. 875. Interview with Josip Drežnjak, president of the Association of Missing Croats from Grabovica, Mostar, July 18, 2009. 876. Interview with Drago Zadro, Mostar, July 18, 2009. 877. Id. 878. Several accounts report that Šakrak received a ten-year sentence, see, for example, “Bosnian Muslim sentenced to 10 years for war crimes,” AFP, Nov. 4, 2003; OSCE, Progress and Obstacles, pp. 8 and 53, but Zadro told us that Šakrak received a 13-year sentence. In addition, although the same accounts report that Šakrak was sentenced by the Sarajevo court, Zadro told us that Šakrak was sentenced in Mostar’s central court and that his sentence was confirmed by a court in Sarajevo. Interview with Drago Zadro, Mostar, July 18, 2009. 879. See “Bosnian Muslim sentenced to 10 years for war crimes,” AFP, Nov. 4, 2003; OSCE, Progress and Obstacles, pp. 8 and 53. 880. Interview with Josip Drežnjak, president of the Association of Missing Croats from Grabovica, Mostar , July 18, 2009. We do not know the details of the cases against these three soldiers, but when we asked the head of the SDWC about these victims’ account, he told us it is common for persons convicted of war crimes at the first instance to remain free, at least until a second instance verdict is rendered, because Bosnian prisons are filled to capacity. Interview with David Schwendiman, Sarajevo, July [24], 2009. See also Merima Husejnović, “Awaiting State Prison, Bosnia’s Entity THAT SOMEONE GUILTY BE PUNISHED 203
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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
Page 52 and 53:
Because our own research did not in
Page 54 and 55:
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
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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
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oning with the dark pages of its re
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9. Interview with Fadil Budnjo, pre
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38. As we note in Chapter VI, then
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58. Richard J. Goldstone, For Human
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84. In 1997, the Peace Implementati
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the Security Council, S/2005/781, D
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135. Interview with Mirsad Duratovi
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160. The ICTY prosecutor issued the
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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 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 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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