A Chance for Justice?
War Crime Prosecutions in Bosnia’s Serb Republic

Executive Summary

Background

Importance of War Crimes Prosecutions in Republika Srpska

Significant Number of War Crimes Cases Yet To Be Heard
Seriousness of Underlying Crimes
Importance to Victims and Relatives
Experience of Domestic War Crimes Prosecutions in the Region

Limited Progress on War Crimes Accountability

War Crime Cases in Republika Srpska prior to 2005
War Crimes Trials in Republika Srpska in late 2005

Obstacles to More Effective Prosecutions

Limited Prosecutorial Resources

Staffing Limitations
Lack of Investigative Capacity
No Specialist War Crimes Prosecutors
Special Department for War Crimes as a Potential Model

Limited Assistance by Republika Srpska Police
Failure to Make Use of Available Evidence

Information Gathered by NGOs
ICTY Transcripts and Other Material

Witness Intimidation and Fatigue
Non-Availability of Suspects

Recommendations

Recommendations to Republika Srpska Authorities

To all Republika Srpska authorities with competence concerning investigation and prosecution of war crimes
To district prosecutors
To the Chief Prosecutor of Republika Srpska

To Bosnia and Herzegovina Central Authorities

To legislative and judicial authorities
To the Office of the Prosecutor of Bosnia and Herzegovina
To the High Judicial and Prosecutorial Council

To Relevant International Actors

To the governments of Croatia and of Serbia and Montenegro
To the European Union and its member states, the United States government, the Council of Europe, the Organization for Security and Co-operation in Europe and other relevant actors of the international community
To the international donor community
To the International Criminal Tribunal for the Former Yugoslavia
To the Organization for Security and Co-operation in Europe Mission to Bosnia

Acknowledgements

March 2006   Volume 18, No. 3(D)