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

Vol. 16, No 7(D)   October 2004