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War crimes related documents and publications

Topical document library
  • Combating Impunity for Conflict-Related Sexual Violence in Bosnia and Herzegovina: Progress and Challenges
    The report considers the advances made in prosecuting war crimes cases involving sexual violence at the Court of BiH and makes recommendations for the speedier delivery of justice. One of the Mission’s primary goals is ensuring that justice is attained for the victims of the crimes committed between 1992 and 1995.
    Study / report
    3 April 2014
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  • 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.
    Study / report
    19 May 2011
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  • 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.
    Study / report
    1 January 2010
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  • 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.
    Study / report
    1 January 2010
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  • Reasoning in War Crimes Judgements in Bosnia and Herzegovina: Challenges and Good Practices
    The judgement is the most awaited-for, visible, and lasting aspect of a trial. In war crimes proceedings in particular, the judgement, on the one hand, constitutes the peak point in administering justice for the actors involved in the trial, while on the other hand, it has a far wider impact. It can have reverberating effects on the communities involved and their understanding of past atrocities, on politics, on the development of national and international law, on society at large - even beyond geographical boundaries - and on history.
    Report
    15 December 2009
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  • 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.
    Study / report
    1 August 2008
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  • War Crimes Trials Before the Domestic Courts of Bosnia and Herzegovina: Progress and Obstacles
    With the establishment of the War Crimes Chamber of the State Court of Bosnia and Herzegovina (BiH) in January 2005, it is imperative to draw attention to the efforts of the BiH authorities in relation to war crimes cases proceeding before the cantonal and district courts. Although the precise number to be tried by the new state-level Chamber, which will include both national and international judges and prosecutors, has yet to be determined, it has been confirmed by the BiH Prosecutor’s Office that the Chamber will only hear the most serious, “highly sensitive” cases, as it will have “neither the resources nor the time to try all war crimes cases”. Due to the quantity of remaining cases to be tried, the majority will continue to be dealt with by the domestic courts under the jurisdiction of the Entities – district courts in the Republika Srpska (RS) and cantonal courts in the Federation of Bosnia and Herzegovina (FBiH) - and the Basic Court of Brčko District. Through this Report, the Mission to Bosnia and Herzegovina (MBiH) of the Organization for Security and Co-operation in Europe (OSCE) aims to draw attention to the number, nature and importance of war crimes proceedings before the domestic courts of BiH, providing the most detailed analysis to date of their progress and the obstacles they continue to face.
    Report
    30 March 2005
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