The International Criminal Tribunal for the Former Yugoslavia (ICTY) expressed “disappointment” at a decision by the Parliament of Bosnia and Herzegovina (BiH) to reject a proposal to extend the mandate of international personnel working with the War Crimes Chamber and Organized Crime Department in the country. The October 1st vote means that all international staff will have to leave by the end of the year. Although this was part of the court’s original plan, representatives of the State Court warned that the decision threatens the “efficient operation of these institutions.”

By Nidzara Ahmetasevic and Erna Mackic, Sarajevo

The War Crimes Chamber and Organized Crimes Department were established in 2002, within the State Court and the BiH Office of the Prosecutor respectively. They were set up by the Office of the High Representative, the chief civilian agency created by the 1995 Dayton peace agreements that brought an end to the Bosnian war. International judges and prosecutors have been part of these institutions since their creation, in order to guarantee their independence.

At the time, the ICTY was planning to complete all cases by 2008. But the tribunal is still ongoing and international staff thought their mandate in BiH could be just as easily extended. But they didn’t take into account the fact that the foreign presence in BiH courts might be perceived as a breach of national sovereignty.

Parties from Republika Srpska led the revolt. Dusanka Majkic, member of parliament from the Alliance of Independent Social Democrats voted against the extension of the mandate. “Bosnia can not be called a sovereign state unless it has local judges and prosecutors at all levels”, she said.

Beriz Belkic, a Bosniak from the Party for BiH, voted in favour of extending the mandate. “Unfortunately, it did not happen,” he said, “and BiH will be without significant international help and without a model that can prevent political influence over the State court and prosecution”, Belkic said.

“Court will not be able to work”
Meddzida Kreso, the State Court’s president, believes that the court is now more vulnerable, and is concerned that the State Parliament did not approve an increase of the court’s budget. “If internationals leave, the state has to take responsibility for all financial matters of the court, including salaries for new judges. Currently, internationals are paid by their own governments. Soon we could have a lack of international, but also of local judges. That means that the court will not be able to work.”

In the past, court and prosecution officials, as well as local media and NGOs had been critical of the work of the international personnel. Now, they seem more positive. “They helped us to learn how to implement international standards. They were a huge help in the organised crime department, working in some very complicated cases. But it was also significant to have them in order to raise public confidence for the prosecution”, says prosecution spokesman Boris Grubesic.

Fahrija Karkin, a lawyer from Sarajevo, is more circumspect. “Definitely, I see some advantages. Like the way verdicts are written. With them, our judges did improve their work to a certain level. However, I believe Bosnia does have some qualified judges and prosecutors, and it is time for them to take over.”

Mirko Prelec, directs the International Crisis Group in the Balkans and used to work for the State Court. He says that international influence is crucial. “Prosecuting war crimes is a hard job and local prosecutors did not have a chance to do that before.”

Download the print version of the International Justice Tribune 92 (PDF file)

Subscribe to the International Justice Tribune