OSCE Mission releases report on war crimes processing at state level in Bosnia and Herzegovina

SARAJEVO, 16 June 2016 – The OSCE Mission to Bosnia and Herzegovina today published the report of Judge Joanna Korner CMG QC on war crimes processing at the state level in Bosnia and Herzegovina.

At a press conference held on this occasion, Ambassador Jonathan Moore, Head of the OSCE Mission to BiH, noted that the OSCE Mission to Bosnia and Herzegovina has been monitoring the prosecution of war crimes before the domestic courts of BiH since 1996, as part of its mandate under the Dayton Peace Accords.

“In 2003, the Mission developed an increasingly structured trial monitoring capacity.  In November 2006, the BiH High Judicial and Prosecutorial Council issued an Opinion recognizing the role of the Mission in observing criminal proceedings, stating that the OSCE Mission’s trial monitors should be given ‘full and unrestricted access to all documents they request within their mandate which includes monitoring the activities of courts and prosecutors’ offices,’” said Moore. 

The Mission has carried out training courses and other capacity-building activities for judicial and prosecutorial staff, and provided expert advice to the judiciary based on its findings.

“The Mission is routinely asked to provide information and analysis regarding the quality of war crimes processing at the state and entity levels. These inquiries come from a variety of sources, including private persons, victims’ and survivors’ associations, ICTY, and employees of BiH judicial institutions,” said Moore. “The purpose of such inquiries is generally to understand the capacity of domestic judicial institutions for processing war crimes cases in a manner that is fair to the interests of both victims and defendants and in line with international standards, and to identify gaps in the processing of such cases.”  

Moore emphasized that it is normal in democratic societies to have a vigorous public debate about judicial processes.  “No one is universally happy with every verdict, sentence, conviction, and acquittal.  Nevertheless, justice has yet to be done in many cases, more than 20 years after the end of the war in Bosnia and Herzegovina.”

In accordance with the mandate, role, and authorities of the Mission, with the support of the HJPC and in coordination with ICTY Chief Prosecutor Serge Brammertz and the British Embassy, Judge Korner was engaged by the OSCE Mission to BiH on the basis of her professional background and knowledge. 

Judge Korner visited BiH twice in order to review available materials, speak with prosecutors, judges, and others, and prepare an analytical report that would offer suggestions as to how to improve the processing of war crimes at the state level, at which the most complex and serious war crimes, crimes against humanity, and genocide cases, are processed. 

“The work of Judge Korner, her analysis and concrete advice are very valuable.  It is of course up to the institutions themselves, including the HJPC, the Prosecutor’s Office of BiH, and the Court of BiH to react to the report and to act upon its recommendations.  We respect the role of those institutions in guaranteeing the rule of law in Bosnia and Herzegovina.”

The Mission’s work in this regard is supported financially as part of its core budget and by additional contributions from the European Union, the United States, the United Kingdom, Switzerland, Norway, Germany, Italy, and Austria, and is closely co-ordinated with the International Criminal Tribunal for the former Yugoslavia.