Institutional Developments

As the Tribunal stopped issuing new indictments and began transferring some cases to national jurisdictions, it increased its activities in the strengthening of judicial systems in the countries of the former Yugoslavia. In order to avoid impunity, it is crucial that local courts are able to prosecute war crimes suspects effectively.

Between 2002 and 2004, the UN Security Council repeatedly called on the international community and donors to assist the national judiciaries to ensure the success of war crimes trials in the region and asked the Tribunal to contribute to such capacity building efforts through its Outreach Programme.

As part of this effort, the Tribunal and the international community have contributed to the establishment of specialised organs for war crimes investigations and proceedings in Bosnia and Herzegovina, Serbia and Croatia.

The most important of these developments is the establishment of a Section for War Crimes within the State Court and the State Prosecutor’s Office of Bosnia and Herzegovina. They are already dealing with some landmark cases the likes of which were never before tried by local courts. The Tribunal was instrumental in the formation of these organs.

► Read more about the developments in Bosnia and Herzegovina

In Serbia, a specialised War Crimes Chamber of the Belgrade District Court and a War Crimes Prosecutor’s Office were established in 2003 with the assistance and support of the international community. The same year in Croatia, new chambers that would deal specifically with war crimes cases were formed within the County Courts in Zagreb, Osijek, Rijeka and Split.

► Read more about the developments in Croatia
► Read more about the developments in Serbia

In Kosovo, war crimes cases are prosecuted by international prosecutors and tried by international or mixed trial panels set up under the administration of the United Nations Mission in Kosovo (UNMIK).

The Tribunal’s efforts have significantly improved the capability of national judicial systems to battle impunity for war crimes.

Developments in Bosnia and Herzegovina

Section for War Crimes of the Court of Bosnia and Herzegovina

The Section for War Crimes of the Court of Bosnia and Herzegovina (Court of BiH) is regarded as a crucial instrument for the rule of law in Bosnia and Herzegovina, being the first permanent and specialised state-level organ designed to deal with grave breaches of international humanitarian law. It plays a central role in rendering justice for atrocities that occurred during the 1992-1995 conflict.

The creation of the Section for War Crimes, which was inaugurated on 9 March 2005, has its origins in joint conclusions adopted in February 2003 by the Office of the High Representative for Bosnia and Herzegovina and the ICTY, which indicated that a specialised chamber within the Court of Bosnia and Herzegovina would be the most appropriate institution to try the most sensitive war crimes cases in the country, including those referred by the ICTY. This recommendation was endorsed through a series of laws adopted during 2004 by the Assembly of Bosnia and Herzegovina. The ICTY was strongly involved in the process of drafting the legislation that led to the creation of a Section for War Crimes within the Court of BiH and a Section for War Crimes within the Office of the Prosecutor of BiH, as well as a Registry, which includes international staff, to support their work.

A witness protection unit has been established within the BiH State Investigation and Protection Agency, and a witness protection law was adopted in 2004.

In Bosnia and Herzegovina, cantonal and district courts across the country are also trying war crimes cases that were initiated before the formation of the Court of BiH.

Court of Bosnia and Herzegovina

The Court of BiH was created by the High Representative with the purpose of firmly establishing the rule of law at state level across the country, composed, as it is, of two entities – the Federation of Bosnia and Herzegovina and Republika Srpska – as well as the District of Brčko.

The Court became operational in January 2003 and has since been at the forefront of the struggle against organised crime, corruption and financial crime in Bosnia and Herzegovina. This crucial part of the court’s work has been fortified from the outset by the involvement of international judges and prosecutors. The Court of BiH also provides redress in issues of state-level jurisdiction, such as inter-entity crime or foreign trade.

The Court consists of Criminal, Administrative and Appellate divisions. The Criminal and Appellate divisions have the following structure:

Section I: War Crimes
Section II: Organised Crime, Economic Crime and Corruption
Section III: All other crimes under the Court’s jurisdiction

Initially, the war crimes panels each consist of two international judges and one national judge. Over a five year transition period, the composition of the panels will change to two national judges and one international judge, and finally they will be exclusively composed of national judges. Similarly, the international component will be phased out from the Section for War Crimes of the Office of the Prosecutor of BiH and the Registry.

Website of the Court of Bosnia and Herzegovina: www.sudbih.gov.ba
Website of the Prosecutor’s Office of Bosnia and Herzegovina: www.tuzilastvobih.gov.ba
Website of the Registry of the Court of Bosnia and Herzegovina: www.registrarbih.gov.ba

Developments in Croatia

In October 2003, the Croatian Parliament passed the “Law on the Application of the Statute of the International Criminal Court and the Prosecution of Criminal Acts against the International Law of War and International Humanitarian Law”. Among other things, the law has provided for the establishment of four new chambers within the County Courts in Zagreb, Osijek, Rijeka and Split that will deal specifically with war crimes cases.

Croatia also adopted a Law on Witness Protection in October 2003, and a Department for Support to Witnesses and Participants in War Crimes Proceedings was formed in 2005 within the Ministry of Justice. In 2004, amendments were adopted to the Penal Code.

The ongoing judicial reform has been financially supported through the European Union’s CARDS programme and World Bank funds.

Website of Zagreb County Court: http://sudovi.pravosudje.hr/zszg/
Website of Osijek County Court: http://www.zupsudos.t-com.hr/
Website of Rijeka County Court:http://sudovi.pravosudje.hr/zsri/
Website of Split County Court: http://www.zupsudst.t-com.hr/