Observations on the National War Crimes Processing Strategy and its 2018 Draft Revisions, including its relation to the Rules of the Road “Category A” cases
The report briefly describes the progress achieved by the BiH judiciary in effectively processing war crimes, including “Category A” cases, since the introduction of the National War Crimes Processing Strategy in 2008.
Towards Justice for Survivors of Conflict-Related Sexual Violence in Bosnia and Herzegovina: Progress before Courts in BiH 2014–2016
Among other war crimes, conflict-related sexual violence is a sensitive and complex issue that must be addressed by the justice sector in order to establish accountability. As presented in this report, from the beginning of 2014 through the end of 2016, the OSCE Mission to Bosnia and Herzegovina has observed marked advancements on several frontiers in the handling of conflict-related sexual violence cases.
Moving towards a Harmonized Application of the Law Applicable in War Crimes Cases before Courts in Bosnia and Herzegovina
Issued in August 2008, this report argues that the application of the Criminal Code of Bosnia and Herzegovina in all domestic war crimes proceedings would result in a more consistent and effective system of justice. It also sees a place in this system for a new, state-level judicial institution that would have the final say in the interpretation and application of the relevant law by all courts in the country. Such an institution would also help ensure consistency in the interpretation of the law and help guarantee equality be-fore the law.
Processing of War Crimes at the State Level in Bosnia and Herzegovina
The purpose of this analysis is to identify the areas which are hindering the completion of the National War Crimes Strategy in Bosnia and Herzegovina and to make recommendations which it is suggested may improve the work of both the Prosecutor’s Office of BiH and the Court of BiH. The Supervisory Body charged with oversight of the NWCS published a report in January 2016 which should be read in conjunction with this analysis.
Witness Protection and Support in BiH Domestic War Crimes Trials: Obstacles and recommendations a year after adoption of the National Strategy for War Crimes Processing
This Report deals solely with issues of protection and support related to witnesses involved in war crimes proceedings before BiH courts since 2004 to present. While many of the issues addressed herein relate to the specific category of victim witnesses, the scope of this Report is confined to issues faced with protection and support in the context of criminal proceedings, i.e. the general security situation of victims or need for psychological and social assistance among victims is not within the scope of this Report.
The Processing of ICTYRule 11bis cases in Bosnia and Herzegovina: Reflections on findings from five years of OSCE monitoring
The Organization for Security and Cooperation in Europe (OSCE) Mission to Bosnia and Herzegovina has actively assisted Bosnia and Herzegovina (BiH) to implement justice sector reforms to better protect the human rights of individuals and to better administer justice. One of its focal areas has been on strengthening the capacity of the justice system to handle war crimes proceedings in a fair and efficient manner. BiH’s success in prosecuting war crimes has been an indicator of its ability to begin to overcome the past, foster reconciliation, and build strong institutions.
Delivering Justice in Bosnia and Herzegovina: An Overview of War Crimes Processing from 2005 to 2010
This report documents findings from trials of individuals for genocide, crimes against humanity, and war crimes monitored by the OSCE Mission to Bosnia and Herzegovina at both the state and entity level between 2005 and 2010. It considers to what extent the framework for war crimes processing has served to bolster the delivery of justice in war crimes cases and the overall efficiency of the criminal justice system in Bosnia and Herzegovina.