Narrowing the Impunity Gap

Trials before Bosnia’s War Crimes Chamber

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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

February 2007    Volume 19, No. 1(D)