Justice for Atrocity Crimes

Justice for Atrocity Crimes PDF

Author: Param-Preet Singh

Publisher:

Published: 2012

Total Pages: 44

ISBN-13: 9781564328724

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"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.

Still Waiting

Still Waiting PDF

Author: Human Rights Watch (Organization)

Publisher:

Published: 2008-01-01

Total Pages: 71

ISBN-13: 9781564323415

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"This 71-page report details the numerous practical and political problems impeding these trials. The obstacles include that prosecutors' offices lack sufficient staff and generally do not specialize in one type of crime. Cooperation between prosecutors and police and between police across entity lines continues to be problematic. Witness protection measures are rarely, if ever, employed, and witness support services are generally not available. Prosecutors often fail to make use of available sources of evidence and do not take steps necessary to secure suspect attendance at trial. Defense attorneys generally lack access to training in relevant areas of law and are often inadequately, or not at all, compensated for their work. Some cantonal and district courts have yet to try a single case."--Publisher description.