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

feared it would be reduced to half that amount and was relieved and philosophical about the
reduced sentence. 287
Some of our interviews took place during the week that the ICTY Appeals Chamber
raised the sentence of Stanislav Galić, whom a trial chamber had sentenced to 20 years’
imprisonment, to life in prison. The sentence was a milestone; this was the first time that a
life sentence emerged following exhaustion of the appeals process at the ICTY. Many victims
of the siege he had commanded were deeply gratified, and spontaneously expressed this during
conversations and more formal interviews. 288 In their view, the sentence provided some
measure of redemption for the terror that stalked them for three and a half years. 289
We observed a similar reaction to another set of sentences handed down while we were
in Bosnia: On July 20, 2009, Trial Chamber III sentenced Milan Lukić to life in prison and
his cousin, Sredoje Lukić, to 30 years’ imprisonment for their roles in horrific crimes committed
in Višegrad. 290 Although, as noted below, victims were disappointed that the case against
these two did not include rape charges, many Bosnians nonetheless found their sentences to
be appropriately severe. 291
For many, the satisfaction that comes with verdicts of guilt partially offsets their disappointment
in the lengths of sentences. Sadik Trako, president of the Association of Victims
and Missing Persons in Lašva Valley, recalled that he and others in Lašva Valley “were really
pleased” when an ICTY Trial Chamber sentenced Tihomir Blaškić to 45 years in prison. But
based on the combined effects of errors by the Trial Chamber and newly acquired evidence,
the Appeals Chamber reduced Blaškić’s sentence to nine years and immediately granted him
early release. 292 Trako recalled, “We were very sad” when this happened. But while he “could
not accept” the court’s reasons for reducing Blaškić’s sentence, Trako said he was “still very
glad that the court pronounced him guilty” of war crimes. 293 Law professor Jasna Bakšić Muftić
made a similar point in general terms. Describing her reaction to ICTY sentences, Bakšić
Muftić told us: “Though sometimes I am disappointed in [defendants’] punishment, I am
glad to see their punishment, which is more important [than the sentence they receive]. This
brings some sense of justice. In public, on TV, all of us can hear who did what. The whole
story has been heard.” 294
Just as Bosniaks widely condemn ICTY sentences of Serb and Croat perpetrators on the
ground that they are too lenient, many Serbs say that the sentences the ICTY has imposed on
“Bosniaks are so small compared to [the penalty imposed on] Serbs,” 295 and that in general,
the Tribunal has been overly harsh in sentencing Serb defendants. Thus while Fadil Budnjo is
frustrated by the low sentences imposed on Bosnian Serbs who ethnically cleansed Foča, Serbs
there “say that the [same] sentences are too high,” according to Josip Davidović. 296
At times, even the Tribunal’s strong supporters have questioned its lenient sentencing
of Bosniak defendants. In particular, many cite the case of Naser Orić, a Bosniak commander
initially sentenced to two years for war crimes committed against Serb detainees in Srebrenica
and later acquitted on appeal, 297 to illustrate what they consider the ICTY’s inconsistent
54 ACHIEVEMENTS, FAILURES, AND PERFORMANCE