President of Court of Bosnia and Herzegovina On Tenth Anniversary of Department of War Crimes

The Department of War Crimes starting working at full capacity in 2005, and implemented effective proceedings against individuals who acted contrary to the law and international conventions during the war. By establishing a special department for war crimes, the state of Bosnia and Herzegovina sent a clear message that it will identify and justly punish all those who applied the law of brute force and committed the criminal offense of war crimes during the armed conflict.
In retrospect, one can fairly say that in a very short period of time, the Bosnian state court managed to provide the necessary infrastructure and capacities for managing the most complex proceedings, but also showed willingness to conduct court proceedings against people accused of the most serious criminal offenses.

It’s extremely important that the court, through its impartiality and professional work, proves that all citizens are equal before the law. Because of this approach and method of work, the state court is an institution that has become widely recognized and discussed, and enjoys a high level of interest.
Scholars, researchers, students, journalists, and legal experts from around the world arrive on a daily basis to follow our trials, to acquaint themselves with our way of work, and to study our practices and verdicts.

After ten years of dedicated work, I can rightly say that the Court of Bosnia and Herzegovina justified the trust of all of those people who believed in us. I primarily mean the citizens of this country, but also the international community, without whose support, provided by the Office of the Registry, this whole project wouldn’t have been possible. I specifically have to emphasize the great contribution of the international community in involving foreign judges, who with their knowledge and expertise, helped in building a modern and efficient court that applies the highest international standards.

The contribution of the Court of Bosnia and Herzegovina in the development of the practice of handling war crimes cases is not only of great importance for Bosnia and Herzegovina, but also the entire region, especially regarding the application of international standards and the introduction of practices of the International Criminal Tribunal for the Former Yugoslavia (ICTY).

A number of indicators show that the Court of Bosnia and Herzegovina has grown into an important state institution whose work is also recognized by numerous reports of international organizations present in Bosnia and Herzegovina. Despite many problems, we have managed to ensure that serious war crimes are prosecuted in an effective manner and in accordance with the highest standards, and international observers have noticed that in very difficult circumstances, the Court of Bosnia and Herzegovina has demonstrated resistance to external pressures (both from the media and the political sphere), aimed at obtaining a conviction or an acquittal. I think that’s our biggest strength.

All those who follow the work of the Court of Bosnia and Herzegovina know that it is a state institution has been exposed to increased pressure from the media and the political sphere since its establishment. But even without the support of relevant institutions, the Court of Bosnia and Herzegovina has achieved impressive results.

Over the past ten years, the Court of Bosnia and Herzegovina completed 140 first instance proceedings against 217 people. In second instance proceedings, the Court of Bosnia and Herzegovina handed down 131 verdicts against 206 persons. There were a total of 7 third instance verdicts. These are cases related to serious violations of international humanitarian law during the armed conflict in Bosnia and Herzegovina (1992-1995).

So far, the Court of Bosnia and Herzegovina has done a lot, but certainly not enough. We are never completely satisfied, because we think that we can and must do more. But we took the right path and we contribute in the best way to ensure the respect of human rights and the rule of law in Bosnia and Herzegovina.

We will continue to prosecute war crimes cases because it is a long process. These are crimes that do not become obsolete and in that sense, there is no fear that this process will be stopped. However, when we talk about these cases, I must emphasize that time is not on our side – it’s been 20 years since the end of the war, nature makes its own way and unfortunately, it is clear that all those who have committed war crimes will not be processed. It is a reality that must be accepted.

But this fact does not give anyone the right to withdraw. I responsibly claim that judicial institutions at the state level will continue to work at full capacity. However, in a post-conflict society, everyone must contribute to the process of transitional justice.

Judicial institutions, governmental organizations, NGOs, religious institutions, the media, and citizens – we all have to help the recovery and reconstruction of Bosnia and Herzegovina into a modern and democratic country. Together, we must support human dignity, respect for human rights and the full integration of all members of society. In addition to court decisions, we must leave our material and archival database to future generations, to help them understand what happened in Bosnia and Herzegovina in the 90’s and how the state and society coped with the aftermath of the armed conflict.