Political attacks are major obstacle to effective war crimes processing in Bosnia and Herzegovina, says OSCE report

SARAJEVO, 19 May 2011 – The criminal justice system of Bosnia and Herzegovina is making progress in tackling impunity for war crimes, crimes against humanity and genocide, but political attacks on the justice system and many other obstacles are hampering the delivery of justice to victims, concludes a report by the OSCE Mission to Bosnia and Herzegovina, Delivering Justice in BiH: An Overview of War Crimes Processing from 2005 to 2010, published today.

Based on findings from comprehensive justice sector monitoring conducted by the Mission throughout the country, the report finds that war crimes trials before the Court of BiH, and the majority but not all courts in the Federation of BiH, Republika Srpska, and Brčko District are efficient, fair and in compliance with human rights standards.

The report outlines in detail the challenges that BiH continues to face in combating impunity for serious violations of human rights during the 1992 to 1995 conflict. Some of the major problems include access to suspects, witnesses, and evidence. However, the main challenge at present is the lack of political support for war crimes processing.

“In the last five years the criminal justice system in BiH processed over 200 war crimes cases. The BiH authorities have demonstrated a serious commitment to tackling this issue which is essential to closing the impunity gap,” said Gary D. Robbins, Head of the OSCE Mission to BiH.

“Attacks on the legitimacy and legality of the Court of BiH and the BiH Prosecutor’s Office put in question the long-term sustainability and support for the rule of law reforms that BiH has achieved in recent years. This is of great concern as these challenges ultimately result in a denial of justice to victims, which, in turn, hampers post-Dayton state-building efforts,” stated Robbins.

The report highlights that the complex and fragmented legal framework for dealing with war crimes in BiH is one of the core reasons why there is still a backlog of over 1300 unresolved war crimes cases. The National Strategy for War Crimes Processing, adopted by the BiH Council of Ministers in 2008, should speed up resolution of the caseload and ensure harmonized interpretations of law in war crimes cases. However, implementation to date has been slow and difficult.

Politicization and stalemate concerning core aspects of regional co-operation – such as the prohibition on extradition of citizens throughout the region – is also a contributing factor to the remaining impunity gap.

Research detailed in the report shows low public confidence in the fairness of war crimes proceedings which can be linked to the lack of political support to the process and the failure to resolve the backlog of cases. There is growing concern that efforts to hold perpetrators accountable may not contribute to lasting peace and social reconstruction without corresponding efforts by the justice system and political actors to bolster public understanding and confidence in war crimes processing.

In conclusion the OSCE report calls upon BiH government, politicians, judicial authorities, and the international community to support all activities that will ensure the delivery of justice to victims of war crimes. Thus, among the recommendations of the OSCE are: implementing all aspects of the National Strategy on War Crimes Processing; granting constitutional status to the Court of BiH, BiH Prosecutor’s Office, and High Judicial and Prosecutorial Council; and establishing a supreme court to provide harmonized interpretation of the law in criminal cases.