Newsroom
OSCE Mission issues report on war crimes trials in Bosnia and Herzegovina courts
SARAJEVO 23 March 2005
SARAJEVO, 23 March 2005 - The first report on war crimes trials before the domestic courts of Bosnia and Herzegovina was presented today by the OSCE Mission.
"This Report highlights how some courts and prosecutors have made conscientious efforts to bring those responsible for war crimes to justice," said Ambassador Douglas Davidson, Head of the OSCE Mission to Bosnia and Herzegovina.
"However, with noted shortcomings, there is still a need to enhance capacity. This is vital to the rule of law."
Since 1996, the OSCE has been monitoring the prosecution of war crimes in BiH, at various stages of proceedings. With the establishment of the War Crimes Chamber of the State Court of BiH in January 2005, it is important to draw attention to the efforts made by BiH authorities in war crimes cases before cantonal and district courts.
"Given that the BiH Prosecutor's Office has confirmed that the Chamber will only hear the most serious, "highly sensitive" cases, the majority of war crimes cases will continue to be dealt with by domestic courts under the jurisdiction of the Entities and the Basic Court of Brcko District," Ambassador Davidson said.
"Through this Report, the OSCE aims to draw attention to the number, nature and importance of war crimes proceedings before BiH courts, providing the most detailed analysis to date of their progress and the obstacles they continue to face."
Among the key findings, the report notes that BiH domestic courts have proven their ability to handle war crimes cases, despite the complex legal situation, over stretched resources, insufficiently trained staff, a backlog of cases, reluctant witnesses and often political indifference from biased or uncommitted authorities.
The Report is structured to give essential historical and statistical background to the prosecution of war crimes in BiH, while also providing a detailed analysis of important issues impacting war crimes cases.
"We hope that this report will serve as a tool for BiH authorities, institutions, practitioners and others involved with the prosecution of war crimes to enhance the effective and fair administration of war crimes justice," said OSCE Mission Spokesperson Elmira Bayrasli.
"The ultimate success of the domestic process of prosecuting war crimes will not only depend on the achievements of the new War Crimes Chamber, but also on the ability of the cantonal and district courts to fulfil their respective roles in processing the majority of these cases."
"This Report highlights how some courts and prosecutors have made conscientious efforts to bring those responsible for war crimes to justice," said Ambassador Douglas Davidson, Head of the OSCE Mission to Bosnia and Herzegovina.
"However, with noted shortcomings, there is still a need to enhance capacity. This is vital to the rule of law."
Since 1996, the OSCE has been monitoring the prosecution of war crimes in BiH, at various stages of proceedings. With the establishment of the War Crimes Chamber of the State Court of BiH in January 2005, it is important to draw attention to the efforts made by BiH authorities in war crimes cases before cantonal and district courts.
"Given that the BiH Prosecutor's Office has confirmed that the Chamber will only hear the most serious, "highly sensitive" cases, the majority of war crimes cases will continue to be dealt with by domestic courts under the jurisdiction of the Entities and the Basic Court of Brcko District," Ambassador Davidson said.
"Through this Report, the OSCE aims to draw attention to the number, nature and importance of war crimes proceedings before BiH courts, providing the most detailed analysis to date of their progress and the obstacles they continue to face."
Among the key findings, the report notes that BiH domestic courts have proven their ability to handle war crimes cases, despite the complex legal situation, over stretched resources, insufficiently trained staff, a backlog of cases, reluctant witnesses and often political indifference from biased or uncommitted authorities.
The Report is structured to give essential historical and statistical background to the prosecution of war crimes in BiH, while also providing a detailed analysis of important issues impacting war crimes cases.
"We hope that this report will serve as a tool for BiH authorities, institutions, practitioners and others involved with the prosecution of war crimes to enhance the effective and fair administration of war crimes justice," said OSCE Mission Spokesperson Elmira Bayrasli.
"The ultimate success of the domestic process of prosecuting war crimes will not only depend on the achievements of the new War Crimes Chamber, but also on the ability of the cantonal and district courts to fulfil their respective roles in processing the majority of these cases."