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

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That Someone Guilty Be Punished The Impact of the ICTY in Bosnia
Page 1: That Someone Guilty Be Punished The
Page 6 and 7: Copyright © 2010 by the Open Socie
Page 8 and 9: G. Affirming Core Values of Interna
Page 10 and 11: Kirs, . Jesica Santos, and Lisa Jam
Page 12 and 13: A second broad category of interloc
Page 14 and 15: most profoundly affected by their w
Page 16 and 17: the gap between Bosnians’ expecta
Page 18 and 19: ear superior responsibility for the
Page 20 and 21: niaks), one achievement stands out
Page 22 and 23: there is no negation and refusing o
Page 25 and 26: II. Background An overview of Bosni
Page 27 and 28: meeting at UN headquarters soon aft
Page 29 and 30: ICTY indictees—could participate
Page 31 and 32: The policy of avoidance was partly
Page 33 and 34: III. Victims’ Justice Despite the
Page 35 and 36: makes the point this way: “They w
Page 37 and 38: countless victims while documenting
Page 39 and 40: suspects, all in the eight months b
Page 41 and 42: good, generally speaking, but they
Page 43 and 44: it happened, and that you couldn’
Page 45 and 46: of the role of Serbian institutions
Page 47 and 48: H. Removing Dangerous People Althou
Page 49 and 50: IV. Achievements, Failures, and Per
Page 51 and 52: group’s satisfaction somewhat dif
Page 53 and 54:
B. Sentences We who survived these
Page 55 and 56:
Sivac had testified in The Hague. S
Page 57 and 58:
approach. On June 30, 2006, an ICTY
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the ICTY undermines the principles
Page 61 and 62:
ably face prosecution as a result.
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Two months after the hearing, the c
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3. Other confessions; general react
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Trako told us that victims in the L
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waiting for; this is the way to mad
Page 71 and 72:
international crimes in Bosnia to r
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y her prosecution. Several Bosniak
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former ICTY liaison officer Matias
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importance for many Bosniak victims
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course we are backed up with the Un
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and killed.” Adding to her sadnes
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Beyond security concerns, the right
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mass graves of men who were killed
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Our interviews on the relationship
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where most detainees were kept, sel
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emorse for crimes committed in thei
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y members of all three major ethnic
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2. Srebrenica Understandably, many
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extended to the victims, their fami
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4. Contextual considerations Our in
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a journalist who directs the non-go
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Bosnia was necessarily extremely li
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there was such a silence ... that y
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of this initiative submitted a draf
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the ICTY, the UN Security Council c
Page 112 and 113:
In larger perspective, to the exten
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face” in having to seek internati
Page 116 and 117:
1. Impetus for change Although the
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sentative of a new national crimina
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While the ICTY and OHR were satisfi
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legal framework for Rule 11 bis tra
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cially the prosecutorial office of
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ing and reviewing large volumes of
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d. Applying lessons learned from IC
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This is not to minimize the ICTY’
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elieves, Bosnia could have gone far
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Bosnia represents an advance that m
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Notes 1. Introduction 1. See Chapte
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fiction. Marlise Simons, “Karadzi
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49. Aryeh Neier, War Crimes, p. 124
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72. See id., pp. 232-38. 73. Goldst
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101. Philip Shenon, “War Crimes S
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124. The Research and Documentation
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148. The ICTY Appeals Chamber summa
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174. Interview with Branko Todorovi
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204. Interview with Ðoren Kalajdž
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234. Interview with Fadil Budnjo, p
Page 157 and 158:
Gotovina be handed over to Hague?,
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Simo Zarić (Jan. 21, 2004), Stevan
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een convicted of genocide. The ICTY
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332. See Monika Nalepa, “Why Do T
Page 165 and 166:
367. Daria Sito-Sučić, “Muslim
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should be considered in mitigation,
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411. Interview with Nerma Jelačić
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449. As reported in Simon Jennings,
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481. Interview with Ivan Lovrenovi
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512. As noted earlier, Karadžić e
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elocated within the country. Interv
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knew of a witness who, by virtue of
Page 181 and 182:
y September 2003. While RS authorit
Page 183 and 184:
634. Interview with Mirsad Duratovi
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665. In Chapter IV.C we discuss man
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and mechanisms associated with a so
Page 189 and 190:
713. The Rome Agreement signed by t
Page 191 and 192:
253. See also William W. Burke-Whit
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have been much more difficult. See
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own work. See Seventh annual report
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771. See id., p. 280. Other element
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the Court. See, e.g., Final Report
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transparency of the Chamber in thes
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of redundancy in the files.” Davi
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863. Id., § 4.1.3 (internal citati
Page 207 and 208:
independent, impartial and professi
Page 209:
919. Interview with Dobrila Govedar
Page 212:
Open Society Institute The Open Soc
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