sarily devoted mainly to prosecuting crimes, and the BWCC has devoted scant resources to public outreach ef<strong>for</strong>ts. 898. Id. Interview with Vehid Šehić, president, Citizens Forum of Tuzla, Tuzla, July 15, 2009. 899. Id. While many of our Bosnian interlocutors fault the SDWC <strong>for</strong> failing to adopt and implement a coherent strategy of case selection, <strong>for</strong>mer journalist Emir Suljagić faults the ICTY. In his view, ICTY prosecutors were in an ideal position after investigating crimes in Bosnia <strong>for</strong> fifteen years to identify “50 open and shut cases” that could <strong>for</strong>m the core caseload of the SDWC. Interview with Emir Suljagić, Sarajevo, July 14, 2009. 900. Interview with Mirsad Tokača, director of Research and Documentation <strong>Center</strong> of Bosnia and Herzegovina, Sarajevo, Dec. 6, 2006. 901. Id. 902. Interview with Nerma Jelačić, then editor of BIRN in BiH, Sarajevo, December 1, 2006. Jelačić now serves as a spokesperson <strong>for</strong> the ICTY in The Hague, but spoke to us in her capacity as a knowledgeable journalist. 903. Id. 904. Interview with Nidžara Ahmetašević, editor, BIRN Bosnia and Herzegovina, Sarajevo, July 13, 2009. 905. Interview with Milorad Barašin, chief prosecutor, State Court of BiH, Sarajevo, July 14, 2009. 906. Interview with Tarik Jusić, program director, Mediacentar Sarajevo, Sarajevo, Dec. 6, 2006. 907. Interview with Judge Meddžida Kreso, president of the State Court of BiH, Sarajevo, Dec. 4, 2006. 908. Interview with Branko Perić, then president of the HJPC, Sarajevo, Dec. 4, 2006. 909. Interview with Edin Ramulić, Izvor, Prijedor, July 23, 2009. 910. Id. 911. Id. 912. Interview with Edin Ramulić, Izvor, Prijedor, Dec. 8, 2006. 913. Id. 914. Interview with Damir Arnault, advisor <strong>for</strong> legal and constitutional affairs, Cabinet of Dr. Haris Silajdžić, Sarajevo, July 16, 2009. 915. Id. 916. Many donors, Donlon writes, considered their “substantial investment in the Tribunal … to fulfil their obligation to bring the perpetrators of the wartime atrocities to justice.” Donlon, Rule of Law, p. 267. See also p. 270 (“Arguably, the vast financial and human resources required by the ICTY diverted the discussion and funding away from building a domestic war crimes trials capacity in Bosnia, and only when the international community’s attention turned toward winding down the ICTY, did the need <strong>for</strong> a domestic process become more urgent.”) 917. Id., p. 266. 918. Id., pp. 267–68. 206 NOTES
919. Interview with Dobrila Govedarica, executive director, Open Society Fund BiH, Sarajevo, Nov. 30, 2006. Govedarica observes that the OHR’s approach to judicial re<strong>for</strong>m “changed every two years.” Id. 920. Interview with Judge Wolfgang Schomburg, The Hague, Mar. 5, 2007. 921. In contrast, while a somewhat analogous special chamber was established under Cambodian law to prosecute surviving leaders of the Khmer Rouge, international judges and co-prosecutors are to remain part of its structure as long as it operates. Unlike the BWCC, however, the Extraordinary Chambers in the Courts of Cambodia are temporary. 922. Interview with Nidžara Ahmetašević, editor, BIRN Bosnia and Herzegovina, Sarajevo, July 13, 2009. 923. Interview with Milorad Barašin, chief prosecutor, State Court of BiH, Sarajevo, July 14, 2009. 924. Id. 925. ICLS Report, p. 46, para. 145. 926. “OHR Extends <strong>International</strong> Judges’ Mandate,” Dec. 16, 2009, Balkan Insight, http://www. balkaninsight.com/en/main/news/24402/. 927. See the history of the BWCC developed expensively in ICLS report, supra. 928. “Decision Close on Bosnia’s <strong>International</strong> Judges and Prosecutors,” BIRN 16 September 2009, http://www.bim.ba/en/184/10/22245/. 929. See, <strong>for</strong> example, Human Rights Watch, Soldiers Who Rape, Commanders Who Condone, pp. 53–54 (July 16, 2009). 930. Interview with Nidžara Ahmetašević, editor, BIRN Bosnia and Herzegovina, Sarajevo, July 13, 2009. As an example of the latter, Ahmetašević noted a “strong judgment <strong>for</strong> genocide” issued by the BWCC against eleven defendants, and said: “It’s a huge thing. It’s a historical thing.” Id. THAT SOMEONE GUILTY BE PUNISHED 207
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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
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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
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221. An example of such an individu
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izručenje” (“Most RS Citizens
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