Press Releases:

October 14, 2008

Former Yugoslavia: Bosnian War Crimes Chamber's early success at risk

NEW YORK/SARAJEVO - The Bosnian War Crimes Chamber's early success makes it a potential model for other countries pursuing justice for past atrocities, but the court risks being overwhelmed by its caseload and undermined by perceptions of ethnic bias, the International Center for Transitional Justice said Tuesday.

"The Bosnian War Crimes Chamber has shown admirable professionalism and discipline since it was founded in 2005, but it faces real risks because it lacks a clear strategic approach," said Bogdan Ivanišević, ICTJ consultant and author of a new report, The War Crimes Chamber in Bosnia and Herzegovina: From Hybrid to Domestic Court.

From September 2005 to June 2008, 84 accused have been tried in 48 cases before the court, leading to 27 convictions and five acquittals. The majority of cases include charges of crimes against humanity, and the underlying crimes are most frequently murder, imprisonment, torture, deportation and persecution. The accused span all three ethnic groups (Serbs, Croats, and Bosniaks), and over 1,000 witnesses have testified before the court.

"Bosnian and international judges have worked well together in the BWCC, and the court is growing increasingly independent, which is a good thing," said Dorothee Marotine, head of ICTJ's Balkans program. "But the court now faces far more potential cases than it can handle, which raises the risk of public disappointment and perceptions of bias in the cases it chooses to prosecute. It can only succeed if Bosnia develops a clear strategy on war crimes prosecutions, in which the court will find a proper place."

ICTJ believes the Bosnian authorities must follow through on their commitment to back the BWCC financially and politically. They should devise a national prosecutions strategy to guide and prioritize the BWCC's work and increase outreach efforts to the public and the media.

While prosecutions remain an indispensable means of dealing with the legacy of the conflicts of the 1990s, Bosnian authorities should also pursue a broader strategy of reckoning with the past that includes more inclusive reparations schemes for victims, as well as official truth-telling mechanisms at the national and regional levels.

About the ICTJ

The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved.

To learn more about the ICTJ, please visit www.ictj.org