OSCE Urges BiH Courts to Enhance Capacity for War Crimes Trials

31/03/2005

While courts and prosecutors in Bosnia and Herzegovina have made conscientious efforts to bring accused war criminals to justice, a number of obstacles to effective domestic prosecution of cases remain, according to a new OSCE report.

By Svetla Dimitrova for Southeast European Times -- 31/03/05

The war crimes court in Bosnia and Herzegovina opened on 9 March. Authorities need to ensure that justice is administered fairly and effectively, according to an OSCE report. [AFP]

Bosnia and Herzegovina (BiH) has made some progress in prosecuting war crimes cases stemming from the 1992-1995 conflict, a new OSCE report says. But authorities and institutions need to make further efforts to ensure that justice is administered fairly and effectively, according to the organisation.

"This report highlights how some courts and prosecutors have made conscientious efforts to bring those responsible for war crimes to justice," OSCE BiH mission head Douglas Davidson said on 23 March as he presented the document. "However, with noted shortcomings, there is still a need to enhance capacity. This is vital to the rule of law."

BiH authorities have filed charges against a total of 5,789 suspected war criminals at the International Criminal Tribunal for the Former Yugoslavia (ICTY) since 1996, according to the report. The Hague court has approved 846 of these cases, basing its decision on whether there is enough evidence.

Of the approved cases, 41 have reached a final and binding verdict, with 30 of the 50 defendants involved in them convicted and sentenced to prison terms ranging from six months to 20 years. Seventeen other cases, involving 39 defendants, have reached a verdict at first instance and are currently in appeal procedure or being retried. Another 54 individual or group cases against a total of 94 defendants have reached trial stage and at least 44 more cases against 73 accused are being actively investigated or are in the pre-trial phase.

The OSCE's 74-page report was released two weeks after the official opening of the state-level war crimes court in BiH. Prosecution of the remaining hundreds of smaller cases will be in the purview of the courts under the jurisdiction of the country's two entities -- the Federation of BiH and Republika Srpska -- and the Brcko district court.

While BiH domestic courts have proven their ability to handle war crimes cases, the political indifference of biased or uncommitted authorities remains an obstacle to effective war crimes prosecution, the OSCE found. Other problems include judges and prosecutors' fear for their personal security, difficulties in locating and securing the attendance of witnesses and defendants, and inadequate commitments, structures and procedures for transborder co-operation in BiH and the region. Overstretched resources, a backlog of cases, insufficiently trained staff and radically changed procedural codes also pose challenges for the courts, the report said.

According to the OSCE, the establishment of the state-level war crimes court is likely to have a positive impact on the work of the entity courts. Meanwhile, it recommends that BiH authorities and the international community address the resourcing problems and build the capacity for war crimes prosecutions.

"The ultimate success of the process of prosecuting war crimes will be not only dependent upon the effectiveness of the new war crimes chamber, but also on the ability of the cantonal and district courts to fulfil their role in handling the majority of war crimes cases," the report said.