"March 2012"--Table of contents page. "This report was researched and written by Param-Preet Singh, senior counsel in the International Justice Program of Human Rights Watch"--P. 44. Includes bibliographical references.
Contents:
Summary -- Recommendations -- Specific Recommendations for Bosnia and Herzegovina -- To the Special Department for War Crimes -- To the War Crimes Chamber -- To the Public Information and Outreach Section of the War Crimes Chamber Registry -- To the Government of Bosnia and Herzegovina -- To All Political Parties in Bosnia and Herzegovina -- To Donors -- General Recommendations for Governments, Intergovernmental and International Institutions, and Donors Pursuing Domestic Trials for Atrocity Crimes in Post-conflict Transitions -- Where International Judges and Prosecutors are Considered Necessary to Bolster National Capacity to Handle Atrocity Crimes -- Defense -- Witness Protection -- Transition Strategy -- Outreach and Communications -- Addressing Challenges Where Jurisdiction is Shared across Multiple Courts -- Methodology -- I. Background -- II. Knowledge Transfer -- 1. The Bench -- 2. Support to Defense Counsel -- 3. Prosecutor's Office: Special Department for War Crimes -- III. Institution Building -- 1. The Bench -- 2. Special Department for War Crimes -- 3. Witness Protection -- IV. Transition Strategy -- V. The Political Appetite for Justice in Bosnia: The Value of Effective Outreach -- VI. Coordinating Accountability Efforts across Multiple National Courts -- Acknowledgements.
Summary:
"In recent years, there has been increasing recognition of the important role national courts have in post-conflict countries in holding to account in fair trials the perpetrators of war crimes, crimes against humanity, and genocide. Where there is national willingness to deliver justice but limited capacity, international support can be essential to bridge the gap. Based on research by Human Rights Watch in Bosnia in June 2011, this report highlights lessons from the temporary participation of international staff in the War Crimes Chamber in Bosnia and Herzegovina's State Court and in the Special Department for War Crimes of the Prosecutor's Office. These lessons may be especially relevant where international staff are deployed to bolster national authorities' capacity, independence, and impartiality. While the accomplishments of the chamber and the prosecutor's office are significant--the court has completed more than 200 cases in its seven years of operation--this model of providing international assistance to national justice has not been without flaws. The report concludes that policymakers, donors, and the Bosnian authorities failed to maximize the impact of international staff in the transfer of expertise in bringing cases to trial and institution building. If these shortcomings had been addressed earlier the chamber and the Prosecutor's Office could have been in a better position to withstand the increasingly volatile political climate in Bosnia. The report also discusses the importance of devising a realistic plan to phase out international staff and to engage public opinion through effective outreach to help create a climate that favors justice through fair trials. Finally, the report analyses some of the challenges of coordinating accountability efforts across multiple national courts and offers preliminary suggestions on how to overcome those challenges with the resources available."--P. [4] of cover.
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