Bosnian wars of the 1990’s and their implications for human rights

The final assignment for History 308 – Human Rights in History will be an interdisciplinary investigation of the Bosnian wars of the 1990s and their implications for human rights. Each student will choose a work of literature, journalism, legal sources, or history. Students will examine that work in the light of our reading and discussions of human rights this semester. Read the assigned portion of Samantha Power’s book, A Problem from Hell, which is pp. 247-328. The book is written primarily as a commentary on the U.S.’s indecision regarding whether the conflict rose to the level of genocide and whether to intervene to stop the abuse of civilians. It does however, introduce you to the outline of the conflict and how it arose, and will provide important context for your own work on the subject. Attached is some possible sources to help you with the work:
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Final Assignment: Bosnia in the 1990s
Due Tuesday, April 24, 2018, 8pm
225 pts. possible, including:
5 points for identifying the work or works you will use, due April 14
25 points for short presentation on April 24
The final assignment for History 308 – Human Rights in History will be an
interdisciplinary investigation of the Bosnian wars of the 1990s and their implications for
human rights. Each student will choose a work of literature, journalism, legal sources,
or history. Students will examine that work in the light of our reading and discussions
of human rights this semester. The possible sources to read include:
Literature
Drakulic, Slavenka. S.: A Novel about the Balkans (2001). 224 pp.
Galloway, Steven. The Cellist of Sarajevo (2009). 235 pp.
Jergovic, Miljenko. Sarajevo Marlboro. (2012). 195 pp.
Novic, Sara. A Girl at War: A Novel. (2015). 368 pp.
Reporting
Armatta, Judith. The Twilight of Impunity: The War Crimes Trial of Slobodan Milosevic
(2010). 576 pp.
Demick, Barbara. Logavina Street: Life and Death in a Sarajevo Neighborhood (1996,
2012). 280 pp.
Drakulic, Slavenka. They Would Never Hurt a Fly: War Criminals on Trial at the Hague
(2005) . 224 pp.
Glenny, Misha. The Fall of Yugoslavia, 3rd. ed (1996). 336 pp.
Honig, Jan Willem and Norbert Both, Srebrenica: Record of a War Crime (1996).
224 pp.
Maass, Peter. Love Thy Neighbor: A Story of War (1997). 320 pp.
Rohde, David. Endgame: The Betrayal and Fall of Srebrenica, Europe’s Worst
Massacre Since World War II (1997, 2012). 476 pp.
1
Law and NGOs
Human Rights Watch, Looking for Justice: The War Crimes Chamber in Bosnia and
Herzegovina, (On D2L website). 44 pp.
Williams, Paul R. and Michael P. Scharf, Peace with Justice: War Crimes and
Accountability in the Former Yugoslavia (2002). 352 pp.
Report of the [UN] Secretary-General Pursuant to General Assembly Resolution No.
53/35: The Fall of Srbrenica, (on D2L website). 113 pp.
Nuremberg Trial Proceedings, Vol. 1: Charter of the International Military Tribunal,
found at http://avalon.law.yale.edu/imt/imtconst.asp; and “Updated Statute of the
International Criminal Tribunal for the Former Yugoslavia” (Sept. 2009), (on D2L
website). 77 pp.
History/Religious Studies
Donia, Robert. Radovan Karadzic, Architect of the Bosnian Genocide (2014). 351 pp.
Judah, Tim. The Serbs: History, Myth and the Destruction of Yugoslavia, Third Edition
(1997, 2000, 2009), especially 135-363. 368 pp.
Malcolm, Noel. Bosnia: A Short History. (1996). 374 pp.
Sells, Michael. The Bridge Betrayed: Religion and Genocide in Bosnia (1996).
260 pp.
You should use sources that together add up to about 400-500 pp. You can choose
sources from the same discipline (Literature, Reporting, Law, etc.), or you can choose
sources from different disciplines to compare what they can tell us about human rights
and their violation in the Bosnian conflict.
You may use other sources and materials for the final assignment in place of these, but
you MUST consult with me before you do so if you want to receive credit for the
assignment. You may work with other students on the project, but each must submit
her or his own final paper and will be graded independently.
The goal of the assignment is to apply what you have learned about human rights this
semester to the source you have chosen. Your essay should answer a question that
the course has motivated. You have substantial license to place the sources in the
context you think will most help you interpret them. For instance, you might look at
literature to test Lynn Hunt’s thesis that the novel enabled to empathize with others,
which she sees as a fundamental element of the development of human rights. How
2
did or does literature or reporting about the Bosnian War motivate action? If you decide
to examine the tribunals established to find justice in Nuremberg after the Second World
War and after the wars of the former Yugoslavia, an obvious strategy would be to
compare the issues they sought to raise and the structures designed to try war
criminals. How did treatment of persons judged war criminals change from Nuremberg
to Slobodan Milosevic’s trial at The Hague?
In either case, your essay should show that you have read Samantha Power’s A
Problem from Hell. That is, this assignment is not a book report in which you select and
summarize a book. You need to use the books you select to test or expand upon the
ideas presented by Samantha Power or by other authors we have read this semester.
On Tuesday, April 15, students will submit a typed list of the sources they will use for
the assignment. This is worth 5 pts. If you do not hand in a list of sources on time, you
lose the 5 pts.
On Tuesday, April 24, I will ask each student to make a short, 5-10 min., presentation
on their final paper. Identify which source(s) you will use, what you plan or have done
with them, and what problems you have encountered. This will be worth 25 pts. of the
225 possible for the assignment.
General Remarks
1. Papers must be typed and double-spaced. Margins should be one inch all around,
and the font size should be 12-point. Please put page numbers on your paper. Do not
use unusually large fonts, larger than normal spacing between paragraphs, and large
headers and footers. Proper grammar and punctuation improve the clarity and power of
your essay and will affect improve your grade.
2. Your paper must be 5 pages in length.
3. You must cite any work from which you quote or cite. Make sure that you put any
direct quotations in quotation marks. You must use a full footnote for each source you
use. Please use the following basic format.1 Footnote citations should be based on the
style recommended for in The Chicago Manual of Style (CMS). A simplified guide to the
CMS can be found at https://owl.english.purdue.edu/owl/resource/717/01/ and in Kate L.
Turabian’s A Manual for Writers of Research Papers, Theses, and Dissertations, in
Mary Rampolla’s A Pocket Guide to Writing in History, and other sources. Please feel
free to ask me if you have questions on how to cite properly.
4. Make sure your pages are numbered.
5. If you have any questions about when to cite a source and when not to, please see
me. Do not quote or paraphrase sources without citing them. This is known as
1
Joan Wallach Scott, The Politics of the Veil, (Princeton: Princeton University Press,
2007), 45.
3
plagiarism. Plagiarism is the theft of someone else’s ideas, and is against both
university policy and academic standards. Cases of plagiarism will result in a 0 on the
paper/exam, an F for the course, and possible disciplinary action by the University. If
you have any questions about what constitutes plagiarism, please see me or consult the
following websites:
http://orion.neiu.edu/~ejhowens/plagiarism/
http://www.indiana.edu/~wts/wts/plagiarism.html
7. Please include a bibliography and a title page with a title that tells the reader about
your paper.
4
Bosnia and Herzegovina
H U M A N
Looking for Justice
R I G H T S
The War Crimes Chamber in Bosnia and Herzegovina
W A T C H

February 2006
Volume 18, No. 1(D)
Looking for Justice
The War Crimes Chamber in Bosnia and Herzegovina
I.
Introduction……………………………………………………………………………………………………… 1
II.
Background to the Establishment and Mandate of the War Crimes Chamber …. 4
III.
A.
B.
C.
The Office of the Prosecutor……………………………………………………………………………. 8
Overview of the Special Department for War Crimes………………………………………. 8
Progress towards effective prosecutions …………………………………………………………. 10
Resource shortages …………………………………………………………………………………………. 11
Prosecutors ……………………………………………………………………………………………………..11
Investigators……………………………………………………………………………………………………. 12
Translation ……………………………………………………………………………………………………… 15
Cooperation with the War Crimes Chamber…………………………………………………… 16
ICTY cooperation…………………………………………………………………………………………… 16
Regional cooperation………………………………………………………………………………………. 19
1.
2.
3.
D.
1.
2.
IV.
A.
B.
C.
Defense…………………………………………………………………………………………………………… 22
Overview of the Criminal Defense Support Section……………………………………….. 22
OKO efforts to enhance existing capacity of defense counsel………………………… 24
Challenges that could undermine effective representation………………………………. 24
1. Payment of defense counsel……………………………………………………………………………. 24
2. Investigators……………………………………………………………………………………………………. 26
V.
Witness Protection and Support……………………………………………………………………… 29
Role of the Witness Protection Support Unit before and during trial……………… 29
Role of the Witness Support Office before and during trial……………………………. 31
Protection and support post-trial ……………………………………………………………………. 33
A.
B.
C.
VI.
A.
B.
Outreach and Communications………………………………………………………………………. 34
Overview of the Public Information and Outreach Section……………………………. 34
Initiatives of the PIOS ……………………………………………………………………………………. 35
1. Court Support Network………………………………………………………………………………….. 35
2. Initiatives to engage the media………………………………………………………………………… 37
3. Other Initiatives ……………………………………………………………………………………………… 38
VII.
The War Crimes Chamber’s Potential for Impact…………………………………………… 40
VIII.
Recommendations ………………………………………………………………………………………….. 41
To the War Crimes Chamber………………………………………………………………………….. 41
To the Registry …………………………………………………………………………………………. 41
To the Public Information and Outreach Section…………………………………….. 41
To the authorities of Bosnia and Herzegovina ……………………………………………….. 42
To the authorities of Serbia and Montenegro and of Croatia………………………….. 42
To the International Criminal Tribunal for the former Yugoslavia…………………. 43
To the international donor community…………………………………………………………… 43
IX.
Acknowledgements…………………………………………………………………………………………. 44
I. Introduction
The armed conflict in Bosnia and Herzegovina,1 which lasted from 1992 to 1995, was
characterized by grave violations of human rights including mass killings, rapes,
widespread destruction, and displacement of the population. Accountability for such
heinous crimes in the form of fair and effective trials of perpetrators is critical to ensure
justice and build respect for the rule of law in Bosnia. To that end, the United Nations
Security Council established the International Criminal Tribunal for the former
Yugoslavia (ICTY) to address the widespread impunity resulting from the conflicts in
the Balkans.2 To date, the ICTY has been relatively successful in trying individuals for
the atrocities committed in the former Yugoslavia,3 including Bosnia. However, by the
end of its mandate, it will have prosecuted only a small number of top-level perpetrators
of war crimes.4
To continue with efforts to combat impunity, the War Crimes Chamber was established
in Bosnia to bring justice for the most serious war crimes committed during the conflict.
The War Crimes Chamber (WCC), which officially began operations in Sarajevo on
March 9, 2005, represents a joint initiative of the ICTY and the Office of the High
Representative (OHR).5 In addition to a limited number of cases referred to it by the
ICTY, the mandate of the WCC includes trying cases initiated locally. The WCC,
together with the Organized Crime and General Crime Chambers, operates within the
Criminal Division of the State Court of Bosnia.
The concept underlying the WCC initiative is that accountability for gross violations of
human rights that took place during the conflict ultimately remains the responsibility of
1
Hereinafter Bosnia.
2
United Nations Security Council, Resolution 827 (1993), S/Res/827.
3
Human Rights Watch, “Real Progress in the Hague,” March 29, 2005 [online],
http://hrw.org/english/docs/2005/03/29/serbia10386.htm (retrieved October 31, 2005). To date, proceedings
against eighty-eight persons have been concluded before the ICTY. Six indicted persons remain at large. See
“Judges in Milosevic case decide on future shape of trial,” JP/MO/1036e, December 13, 2005 [online],
http://www.un.org/icty/pressreal/2005/p1036-e.htm (retrieved December 19, 2005).
4
For the purpose of this document, the term “war crimes” refers to violations of international humanitarian law
committed during the armed conflict, including genocide, crimes against humanity and war crimes.
5
See “Security Council briefed on establishment of War Crimes Chamber within State Court of Bosnia and
Herzegovina,” SC/7888, October 8, 2003 [online], http://www.un.org/Mews/Press/docs/2003/sc7888.doc.htm
(retrieved October 31, 2005).
1
HUMAN RIGHTS WATCH VOL.18 NO. 1(D)
the people of Bosnia.6 Thus, although it presently contains a significant international
component, the WCC is essentially a domestic institution operating under national law.
There is an aggressive transition strategy for the phasing out of international
involvement within a short timeframe. The WCC therefore represents the latest model
of an internationalized justice mechanism entrenched in a domestic legal system (other
examples include the Regulation 64 panels in Kosovo and the Special Panels for Serious
Crimes in East Timor). Like other such justice mechanisms, the WCC operates on a
relatively small budget—it currently functions on approximately 6 percent of the funds
considered essential for the operation of the ICTY.7
The WCC, because of its placement within the domestic justice system and its strong
commitment to taking ownership over the accountability process, offers tremendous
potential to make an impact on the rebuilding of the rule of law in Bosnia. Its location
in Sarajevo makes the WCC more accessible to the local population than the ICTY.
Further, the WCC cases may resonate more profoundly with victims in Bosnia: unlike
the cases directed at more senior officials at the ICTY, the proceedings before the WCC
will involve alleged mid- and low-level perpetrators who may have directly participated
in the crimes committed during the conflict. In addition, international involvement at
the initial stages of the WCC’s development can contribute significantly to enhancing the
short- and long-term capacity of professionals and institutions in Bosnia to conduct fair
and effective war crimes trials.
As the WCC is still in the early stages of conducting trials, this report offers an overview
of the key organs whose effective functioning is essential to ensure the WCC’s success.
In particular, the following areas are discussed: 1) the Special Department for War
Crimes within the Office of the Prosecutor of the State Court; 2) the Criminal Defense
Support Section; 3) the Witness and Victim Support Section; and 4) the Public
Information and Outreach Section. Within each section, we outline the strengths and
accomplishments of the WCC. We also highlight particular areas of concern, and make
recommendations about where we believe the WCC can improve operations. There are
recommendations that require increased donor funding for their implementation, which
are noted throughout the report. Some recommendations, however, can be
implemented by others, including officials in the Government of Bosnia and the WCC.
A consolidated list of recommendations is presented at the end of the report.
6
Office of the High Representative, “War Crimes Chamber Project: Project Implementation Plan – Registry
Progress Report,” October 20, 2004 [online], http://www.ohr.int/ohr-dept/rule-of-law-pillar/pdf/wcc-project-plan201004-eng.pdf (retrieved September 11, 2005), p. 4.
7
Human Rights Watch telephone interview with Michael Johnson, Registrar of the State Court, New Hampshire,
October 5, 2005.
HUMAN RIGHTS WATCH VOL.18 NO. 1(D)
2
The report is primarily based on a mission Human Rights Watch conducted in Sarajevo
in September 2005. During the mission we interviewed various officials in those organs
related to the effective functioning of the WCC including: the Special Department for
War Crimes of the Office of the Prosecutor, the Criminal Defense Support Section, the
Public Information and Outreach Section, the Witness Protection Support Unit, the
Witness Support Section, the judiciary, the Court Management Section, the Detention
Section and the Registry. We also met with officials of the Organization for Security and
Co-operation in Europe (OSCE) and members of local civil society. During the period
from October 2005 to January 2006, we conducted a number of interviews in person
and by telephone, and received substantial material from officials via e-mail. Many of
the individuals we interviewed wished to speak candidly, but did not wish to be cited by
name, so we have used generic terms where appropriate to protect the identity of these
sources.
As noted above, the WCC represents a unique and valuable opportunity to hold
perpetrators accountable for war crimes and build respect for the rule of law in Bosnia.
The WCC and its related institutions have already made notable progress in their
establishment. However, the real challenge of conducting fair and effective trials lies
ahead. Meeting this challenge will require sustained and considerable support as trials
commence. Human Rights Watch believes that the Government of Bosnia, as well as
the international community as a whole, must provide the WCC and its institutions with
the necessary assistance to ensure its success. To that end, Human Rights Watch plans
to monitor the WCC’s progress and issue follow-up reports accordingly.
3
HUMAN RIGHTS WATCH VOL.18 NO. 1(D)
II. Background to the Establishment and Mandate of the
War Crimes Chamber
Pursuant to the Dayton Peace Agreement, the State of Bosnia was divided into two
Entities: the Federation of Bosnia and Herzegovina and the Republic of Srpska.8 In
addition to the Entities, the Brcko District was established in 2000 as a single
administrative unit of local self-government under the sovereignty of Bosnia. The
respective Entities and the Brcko District are organized separately. The Federation of
Bosnia and Herzegovina consists of a number of cantons. Within each canton, there are
municipal and cantonal courts that try less and more serious offenses, respectively. The
Republic of Srpska consists of a number of administrative …
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