Laurel Fletcher
University of California Berkeley
International Human Rights Law Clinic
USA

An interview study of Bosnian judges and prosecutors

Estudio basado en entrevistas a jueces y procuradores bosnios

We describe the findings of an interview study conducted in June, July, and August 1999, of a representative sample of thirty-two Bosnian judges and prosecutors with primary or appellate jurisdiction for national war crimes trials. We sought to assess their attitudes towards the ICTY and prosecution of war crimes. We hoped to clarify objections and resistance to the Tribunal by examining: (1) the acceptability of international criminal justice; (2) the factors that may contribute to misunderstandings or non-acceptance of international criminal trials; and (3) the perceptions of the relationship between criminal trials and social reconstruction.

Our findings suggest that across national groups, participants support the concept of accountability for those who committed war atrocities. However, this support varied by national group. Participants generally lacked a clear understanding of tribunal procedures and were poorly informed about its work. All perceived their sporadic contact with the Tribunal as a sign of disrespect. Although there were common concerns about certain Tribunal procedures such as case selection and length of trials, particular national groups expressed reservations that were unique to that group. Virtually all the participants expressed concern that the ICTY was a "political" organization; in this context, "political" meant biased and thus incapable of providing fair trials. Finally, the assumption that trials lead to social reconstruction is contested depending upon national origin.

Our findings suggest that the ingredients and priorities for social reconstruction are influenced by whether an individual is a member of a national groupthat is perceived by the international community as a victim or a perpetrator. For those who are members of a victimized national group, individual criminal trials are an immediate and overriding goal; for those whose political leaders initiated the war but who themselves did not directly commit atrocities, social reconstruction is a long-term process that may not involve criminal trials.