Bosnian Judiciary Still Needs International Staff
This post is also available in: Bosnian
Patrick Robinson, President of the International Criminal Tribunal for the former Yugoslavia, ICTY, considers that international judges and prosecutors are still needed in the judicial institutions of Bosnia and Herzegovina, adding that he will do his best to have their mandates extended.
Robinson made his statement in an introductory speech at the regional conference on promotion of the ICTY legacy, which is taking place in Sarajevo on June 15 and 16.
At this conference a Manual on Developed Court Practices of the ICTY was presented. Robinson described the Manual as one of “the key tools” which will help preserve the Tribunal’s legacy. However, he said that continuation of war-crimes processing by local courts in the region is another important element of maintaining this legacy.
“The basic legacy of the ICTY is providing support to courts by securing local judicial capacities. I am concerned by the failure of the Council of Ministers to secure resources for implementation of the war-crimes processing strategy,” Robinson said.
The Tribunal President expressed concern that the Council of Ministers has not extended the mandate of international judges and prosecutors, who, he said, are “still of key importance” in protecting the integrity of the judicial institutions.
“An urgent reaction is needed in this case. It is clear that the war-crimes section will be composed of local staff only at some stage, but international judges are still needed. All reports imply that this section needs the balanced influence of international judges. During my stay in Sarajevo, I will strongly lobby with the relevant institutions, which may contribute to a positive solution to this problem,” Robinson said.
Under the agreed exit strategy, the mandate of international judges and prosecutors is due to expire in December 2009. Early this year, however, the Council of Ministers rejected a proposal to extend the mandate of international staff members of the Court and Prosecution of Bosnia and Herzegovina.
The Ministry of Justice, which made the proposal, said it would seek to bring the same proposal before the Council once more.
Robinson cited the “physical archives” of the Tribunal as one of the legacies of this institution, noting that the UN Security Council is expected to render a decision on the future of the archives by the end of this year.
The ICTY produced the Manual on Developed Court Practices in cooperation with the UN Interregional Crime and Justice Research Institute, UNICRI. It contains written practices of the Tribunal, covering its 16 years of work.
“This is the first time the Tribunal has written about itself in this way. The Manual comprises two phases of the process – from investigation to final verdict. The purpose of this conference is to examine the usefulness and usability of the Manual,” said Sandro Calvani, UNICRI Director.
Calvani said the Manual was designed to help judicial staff in the region familiarize themselves with the work and practices of the ICTY in order to transfer knowledge and continue contributing to justice even after the closure of the Tribunal.
Officially the Tribunal is expected to close in 2010. However, in his recent address to the Security Council, Tribunal President Robinson asked for an extension of the mandate of judges for another two years. It is estimated that the last trial may be completed in 2012, while the Appellate Chamber may work until 2015.
“This is the first publication providing detailed explanation of daily ICTY practices. It offers testimony on the past and lessons for the future,” said ICTY Judge Fausto Pocar. Milorad Barasin, Chief Prosecutor of the Bosnian State Prosecution, said the Manual should serve as “a framework and correctional tool” for the Prosecution and State Court in their future work on war-crimes cases.
