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V. Truth and Acknowledgment The official history of our region is being written in The Hague. There are so many different histories being offered here. … Now, through the Hague process… we can get the complete picture. 584 Even with the ICTY, there are three truths. 585 We have a big problem here regarding acknowledgment of the truth. Because you see it is well known to all that several alleged truths exist—Muslims’ truth, Serbs’ truth, and Croats’ truth. 586 As we have noted, “justice for its own sake” emerged during our interviews as the most important justification for the ICTY’s work for most of our Bosnian interlocutors. Yet many Bosnians also hoped the justice secured in The Hague would have a broader impact in the Balkans. And what mattered most to many is that the “truth” about wartime atrocities established in ICTY judgments be publicly accepted as factual truth and condemned without reservation or equivocation. In a setting where the overwhelming majority of wartime atrocities were committed by Serbs, it is particularly important to members of ethnic groups who bore the brunt of these crimes that Bosnian Serbs accept the “trial truth” established in The Hague and express 89
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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
Page 40 and 41: Branko Todorović, who heads the He
Page 42 and 43: full establishment of healthy and c
Page 44 and 45: Sali-Teržić believes that justice
Page 46 and 47: committed war crimes, a notion that
Page 48 and 49: J. “Justice Isn’t Just in Legal
Page 50 and 51: 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
Page 60 and 61: While some of our Bosnian interlocu
Page 62 and 63: 2. Biljana Plavšić On October 2,
Page 64 and 65: Others interviewed during the same
Page 66 and 67: executions, the execution in Korić
Page 68 and 69: D. Significant Verdicts, Other Ruli
Page 70 and 71: at least 2012; another, Ratko Mladi
Page 72 and 73: could be legally attributed to Serb
Page 74 and 75: Hasečić leads, the Association of
Page 76 and 77: ings … went before any expectatio
Page 78 and 79: enica survivor Kada Hotić describe
Page 80 and 81: they are in the shadow of Karadži
Page 82 and 83: First, individuals who had been for
Page 84 and 85: Kovačević, who was under indictme
Page 86 and 87: says it was “not the major reason
Page 88 and 89: their names are not publicly disclo
Page 92 and 93: emorse for crimes committed in thei
Page 94 and 95: y members of all three major ethnic
Page 96 and 97: 2. Srebrenica Understandably, many
Page 98 and 99: extended to the victims, their fami
Page 100 and 101: 4. Contextual considerations Our in
Page 102 and 103: a journalist who directs the non-go
Page 104 and 105: Bosnia was necessarily extremely li
Page 106 and 107: there was such a silence ... that y
Page 108 and 109: of this initiative submitted a draf
Page 110 and 111: the ICTY, the UN Security Council c
Page 112 and 113: In larger perspective, to the exten
Page 114 and 115: face” in having to seek internati
Page 116 and 117: 1. Impetus for change Although the
Page 118 and 119: sentative of a new national crimina
Page 120 and 121: While the ICTY and OHR were satisfi
Page 122 and 123: legal framework for Rule 11 bis tra
Page 124 and 125: cially the prosecutorial office of
Page 126 and 127: ing and reviewing large volumes of
Page 128 and 129: d. Applying lessons learned from IC
Page 130 and 131: This is not to minimize the ICTY’
Page 132 and 133: elieves, Bosnia could have gone far
Page 134 and 135: Bosnia represents an advance that m
Page 137 and 138: Notes 1. Introduction 1. See Chapte
Page 139 and 140: 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
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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
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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
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y September 2003. While RS authorit
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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
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713. The Rome Agreement signed by t
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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
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independent, impartial and professi
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919. Interview with Dobrila Govedar
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Open Society Institute The Open Soc
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