BiH War Crimes Chamber to Take Cases This Month

08/02/2005

The handover of a building with a secure courtroom is the latest step completed in the 15-month-old project to prosecute war crimes cases in BiH.

By Beth Kampschror for Southeast European Times in Sarajevo - 08/02/05

The first case should be heard in the new courtroom by the middle of the month, said BiH Justice Minister Slobodan Kovac. [Beth Kampschror]

A freshly painted building with a brand-new secure courtroom was handed over to judicial officials of Bosnia and Herzegovina (BiH) on 26 January, paving the way for the state's war crimes chamber to begin taking cases later this month.

"This building will also serve for prosecution of war crimes, facilitating building of a sustainable and lasting peace in this country," said European Commission (EC) delegation to BiH head Michael Humphreys.

The 2.2m-euro, EC-funded renovation of the building at the state court complex in Sarajevo is the latest piece that's fallen into place as the BiH war crimes chamber prepares to prosecute cases from the 1992-1995 conflict.

The plan to create a war crimes chamber within BiH's state court, which began in earnest in autumn 2003, was prompted by pressure on the International Criminal Tribunal for the former Yugoslavia (ICTY) to wrap up its work by 2010.

Tribunal strategy involves continuing to prosecute high-ranking military and political leaders, while the BiH chamber will prosecute mid- and lower-level people and cases. Besides taking cases handed over by the ICTY, BiH chamber prosecutors will also press indictments stemming from their own investigations.

Up to eight international judges and five international prosecutors will work alongside BiH judges and prosecutors for a several-year transition period. Nominations for judicial positions are under way.

As for the cases themselves, the BiH prosecutor's office is reviewing files sent from the ICTY and sorting them into categories of "sensitive" and "very sensitive", according to criteria decided upon by a consortium of professionals from the BiH legal system, the ICTY and the Office of the High Representative. The very sensitive files -- for example, genocide, torture, multiple murders and multiple rapes -- will go to the state chamber. Sensitive files will be given to entity, canton or municipal courts.

The first case should be heard in the new courtroom by the middle of the month, said BiH Justice Minister Slobodan Kovac.

"There is a small problem about the detention and prison unit, but after a few more logistics [are worked out], that problem will be solved," he said.

The war crimes chamber project first proposed building a new prison under the auspices of the central government, as BiH's prisons are currently under the auspices of the two entities. After this proved too expensive, planners scrambled to build a 21-bed temporary detention centre at the court complex, which is now nearly finished. It should be ready for detainees by the time the chamber begins work.

Considering that the war crimes chamber plan was unveiled just over a year ago, Kovac said the project had moved quickly. Financial and technical aid from the international community has proved essential, he said.

"This is a completely new situation, and I've been surprised at the progress that's been made in such a short time regarding the material and procedural conditions for processing cases," he said.