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TechnoratiJUSTICE 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: