October 14, 2004

JUSTICE AT RISK:

WAR CRIMES TRIALS IN CROATIA, BOSNIA AND HERZEGOVINA, AND SERBIA AND MONTENEGRO

ACKNOWLEDGMENTS
SUMMARY..
BACKGROUND...
The Question of Political Will
The Creation of Specialized War Crimes Chambers
Referrals by the ICTY..
CONCERNS PERTAINING TO THE JUDICIARY..
Ethnic Bias
Protection of Judges
CONCERNS PERTAINING TO THE PROSECUTION...
Ethnic Bias in Prosecutions
Poor Case Preparation
Inadequate Police Cooperation
Insufficiently Particularized Group Indictments
Protection of Prosecutors
COOPERATION BETWEEN STATES
Inadequate Legal Framework
Lack of Sufficient Engagement
Impact on Investigations and Trials
WITNESS PROTECTION...
The Importance of Witness Protection
Witness Protection in Practice
The Ilijasevic Trial in Bosnia and Herzegovina
The Sjeverin and Cvjetan Trials in Serbia
The Norac, Lora, and Paulin Dvor Trials in Croatia
LEGAL REFORMS
Admissibility of ICTY Evidence
The Doctrine of Command Responsibility
RECOMMENDATIONS
To the European Union and its Member States:
To the Organization for Security and Co-operation in Europe:
To the ICTY:
To the authorities in Bosnia and Herzegovina, Croatia, and Serbia and Montenegro:
Training
Witness protection mechanisms
Interference with the administration of justice
Ethnic diversity of prosecutors' offices
Protective measures for prosecutors and judges
Cooperation between states
Prosecutions on the basis of command responsibility
Admissibility of ICTY evidence
To the authorities in Croatia:
To the authorities in Bosnia and Herzegovina:
To the authorities in Serbia and Montenegro: