publications

VIII. Recommendations

To the War Crimes Chamber

To the Judiciary

  • Use the least restrictive protective measures possible for witnesses testifying before the chamber.
    • Ensure that witnesses are fully apprised of the range of appropriate protective measures available in order to obtain their informed consent.
  • Consistently provide new pseudonyms to all witness who previously testified before the ICTY and who want to maintain a pseudonym in proceedings before the chamber.
  • Develop a strategy in conjunction with the High Judicial and Prosecutorial Council to foster regular collaboration with cantonal and district court judges.

To the Court Management Section

  • Continue with plans to implement additional means to enhance the court’s efficiency, including measures aimed at increasing efficiency in the scheduling of trials, while at the same time safeguarding the fair trial rights of the defense.
  • Ensure that the published schedule of proceedings is accurate and provided to the public and the media.
  • Assist the judiciary in developing a strategy to formally foster collaboration with cantonal and district court judges.

To the Registrar of the Prosecutor’s Office of the State Court of Bosnia

  • Request the extension of contracts of existing international prosecutors in the Special Department for War Crimes as necessary within the overall timeframe established by the existing transition strategy.
  • Continue with plans to establish a Public Information and Press Advisory Office within the Prosecutor’s Office of the State Court to coordinate the prosecution’s media strategy and maintain regular contact with the media in relation to cases before the State Court, including those being handled by the Special Department for War Crimes.

To the Special Department for War Crimes

  • Develop and publish a strategy document aimed at clarifying important elements of the department’s case selection and prioritization policy, including the use of plea agreements and immunity as a matter of priority. Once completed, this document should be distributed widely to the public and the media at the earliest opportunity.
  • Continue with plans to:
    • Routinely provide relevant background material to investigators in SIPA’s War Crimes Unit when requesting assistance in carrying out investigations.  
    • Hold regular briefings with the press.
    • Organize regular and targeted outreach events with groups throughout Bosnia to discuss, for example, issues relating to case selection and prioritization, as well as specific cases where appropriate.
    • Hold additional meetings with cantonal and district court prosecutors to discuss general issues of mutual concern regarding the processing of war crimes cases, including legal questions such as those relating to the application of international humanitarian law.
    • Facilitate additional access for cantonal and district court prosecutors to ICTY material.
  • Ensure the effective management of the department’s limited resources to support efforts to promote consistency in the way cases are selected.
  • Participate to the greatest extent possible in the trainings provided to SIPA investigators so that training adequately addresses identified weaknesses in taking statements.
  • Avoid making overbroad requests for protective measures, such as those made in the Samardzic and Stankovic cases to close the entire trials to the public.

To the Criminal Defense Support Section

  • More actively publicize the range of services offered by OKO.
  • Continue with plans to improve the cross-examination skills of defense counsel appearing before the chamber by:
    • Ensuring that there are enough training sessions offered on cross-examination on an ongoing basis to provide defense counsel with as many opportunities as possible to refine their skills outside of the courtroom.
    • Devising a strong curriculum covering cross-examination to adequately prepare defense counsel for some of the challenges that may arise during court proceedings.

To the State Investigation Protection Agency War Crimes Unit

  • Put in place a training program aimed at improving the level of sensitivity used in approaching female and male victims of sexual violence.

To the State Investigation Protection Agency Witness Protection Unit

  • Engage in more consistent follow-up with protected witnesses after testimony has been provided. This may involve, for example, using information provided by the police authorities in the vicinity of a witness’s home about possible risks to his or her safety, and taking preemptive action where necessary. Sensitivity should be used where the witness is living in an area where the police may be implicated in crimes that are the subject of proceedings before the chamber.

To the Public Information and Outreach Section

  • Ensure the timely release of accurate press releases.
  • Delegate more responsibility to the court’s designated spokesperson to include, for example, explaining the actions of the court to the media, and defending the court’s decisions from criticism when necessary.
  • Provide statements to the media and hold regular press briefings to provide explanations and answer questions about specific issues related to the court’s work.
  • Consider using other means of engaging the press in the court’s work, such as providing the press with an index of the week’s documents that have been filed before the chamber, including motions, decisions and judgments.
  • Assume full responsibility over the operation of the Court Support Network.
    • Regularly collaborate with the Court Support Network to ensure that accurate information about the court and its activities is distributed regularly to the public.
  • Devise and execute a more ambitious outreach strategy in Bosnia to facilitate greater awareness of the court’s work among the people of Bosnia.

To the Registry

  • Ensure ongoing financial and technical support to the Witness Protection Unit of the State Investigation and Protection Agency to maintain the current level of protection for protected witnesses appearing before the chamber.
  • Allocate, as a matter of priority, funds to the Public Information and Outreach Section for the recruitment of additional staff so that it can execute its mandate effectively.

To the government of Bosnia and Herzegovina

  • Reach an agreement with the authorities in Serbia and in Croatia regarding the transfer of proceedings (provided the death penalty will not be imposed), so that defendants who have committed war crimes do not enjoy impunity simply by virtue of their citizenship.
  • Allocate additional resources to address deficiencies in witness protection in cases before the cantonal and district courts.

To the governments of Serbia and of Croatia

  • Reach an agreement with the authorities in Bosnia regarding the transfer of proceedings, provided the death penalty will not be imposed, to ensure that defendants who have committed war crimes do not enjoy impunity simply by virtue of their citizenship.
  • Undertake the necessary measures to abolish the existing ban in the countries’ respective constitutions on the extradition of nationals to other states to stand trial for the most serious crimes, including war crimes (provided the death penalty will not be imposed).

To the International Criminal Tribunal for the former Yugoslavia

  • Continue with plans to draft, propose and implement an amendment to the Rules of Procedure and Evidence as soon as possible that would provide standing to judicial authorities to make applications to the tribunal to seek an alteration of protective measures for witnesses.
  • Ensure efficient, consistent and meaningful cooperation with OKO in providing material requested by defense counsel in Bosnia.

To the international community

  • Urge the authorities in Bosnia, Croatia and Serbia to address obstacles relating to the transfer of proceedings and, in the longer term, remove legal obstacles to the extradition of nationals in war crimes cases.
  • Ensure that the organs necessary for the effective functioning of the War Crimes Chamber, including the Special Department for War Crimes of the Office of the Prosecutor, the Criminal Defense Support Section (OKO), the Witness and Victims Support Office and the Public Information and Outreach Section, are adequately funded.
    • Fund extensions of contracts of existing international prosecutors in the Special Department for War Crimes as requested within the overall timeframe established by the existing transition strategy.
    • Respond positively to other requests for support for these respective organs, including requests from OKO for financial support for training sessions on cross-examination.
  • Provide adequate support and ensure the effective coordination of that support to the War Crimes Chamber and the cantonal and district courts to ensure that all war crimes cases in Bosnia are handled fairly and effectively.