February 11, 2007

Narrowing the Impunity Gap

Trials before Bosnia's War Crimes Chamber

I. Introduction..
II. Policies and Practices of the Prosecution..
A. Overview of recent developments
1. Progress in bringing forward cases
2. Managing the existing caseload..
B. The Special Department for War Crimes' case selection policy
C. Investigations
1. Recent developments
2. Promoting greater sensitivity toward witnesses
D. Regional cooperation..
III. Fair Trial Rights of Defendants
A. Overview of developments in criminal defense support
B. Challenges that may affect a defendant's fair trial rights
1. Access to ICTY material
2. Quality of defense counsel
IV. Witness Protection and Support
A. Protection of witnesses
1. The chamber's use of protective measures
2. Witness protection outside of the courtroom...
B. Witness support
1. Pre-indictment
2. Post-indictment
V. Administrative Developments at the War Crimes Chamber
A. Increased focus on transition to national authorities
B. Developments in court management
1. Measures to improve efficiency
2. Communication between judges
VI. The War Crimes Chamber's Outreach and Communications Strategy
A. Overview of developments in outreach and communications
B. Public awareness about the chamber's activities
1. The court's interaction with the media..
2. The Special Department for War Crimes' engagement with the media
3. Additional initiatives needed to engage the public..
VII. Collaboration with Cantonal and District Courts
VIII. Recommendations
To the War Crimes Chamber
To the Judiciary
To the Court Management Section..
To the Registrar of the Prosecutor's Office of the State Court of Bosnia..
To the Special Department for War Crimes
To the Criminal Defense Support Section..
To the State Investigation Protection Agency War Crimes Unit
To the State Investigation Protection Agency Witness Protection Unit
To the Public Information and Outreach Section..
To the Registry
To the government of Bosnia and Herzegovina..
To the governments of Serbia and of Croatia..
To the International Criminal Tribunal for the former Yugoslavia..
To the international community
IX. Acknowledgements