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Prosecuting War Crimes – Guarantee of the Process of Dealing with the Past and Sustainability of Judicial Reforms in Croatia

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Prosecuting War Crimes – Guarantee of the Process of Dealing with the Past and Sustainability of Judicial Reforms in Croatia Prosecuting War Crimes – Guarantee of the Process of Dealing with the Past and Sustainability of Judicial Reforms in Croatia Maja Dubljević (ed.) Documenta – Center for dealing with the past, 2014, Zagreb English summaries of articles Translated by Nikolina Židek This project is funded the Embassy of the United States in the Republic of Croatia. TABLE OF CONTENTS CHAPTER 1 Historical, political and legal aspects of war crimes trials Tihomir Ponoš Historical and social context of the beginning of war crimes prosecutions Zoran Pusić Since the beginnings of trial observation to a systematic war crimes trials monitoring Vesna Teršelič War crimes trials monitoring and judicial reforms in the context of European integration negotiations Josip Kregar Crime, the purpose of punishment and reconciliation CHAPTER 2 First 10 years of war crimes trials in the Republic of Croatia - from 1991 to 2000 Mladen Stojanović Characteristic examples of war crimes trials Veselinka Kastratović Indictments issued in the 1990s for the criminal offenses against values protected by the International Humanitarian Law Zoran Pusić Deviations of the institutions of the Rule of Law in the case of Mirko Graorac Sovjetka Režić War crimes trials in the Republic of Croatia from 1991 to 2000 from the perspective of a judge Nikolina Židek Appointments and dismissals of judges in the Republic of Croatia from 1990 to 1996 Milena Čalić - Jelić A review of trials in absentia Nikolina Židek Analysis of duration of war crimes proceedings before courts of the Republic of Croatia CHAPTER 3 War crimes trials from 2000 to 2011/ Facing the mistakes from the 1990s Miren Špek Characteristic cases that marked the decade Veselinka Kastratović Prosecution of war crimes committed in Vukovar and surroundings in 1991 Marko Sjekavica Prosecution of crimes committed during and immediately after the Military - Police Operation Storm Miren Špek Support system for victims and witnesses in war crimes trials Marko Sjekavica Prosecution of crimes of destruction of cultural property and historical monuments CHAPTER 4 Achievements and drawbacks of war crimes trials; sanctioning of hate speech until 2013 Marko Sjekavica, Jelena Đokić Jović, Maja Kovačević Bošković Analysis of the statutory and judicial policy of punishing war crimes perpetrators Jelena Đokić Jović, Marko Sjekavica, Maja Kovačević Bošković General Amnesty Act Emina Bužinkić Pending issue of reparations to the civilian victims of war and analysis results 2 Bruno Vekarić Regional cooperation in war crimes trials: a transitional justice legacy in the Western Balkans Milena Čalić - Jelić The work of the State Attorney’s Office of the Republic of Croatia from 2000 until today Vesna Teršelič Crimes without judicial epilogue: missed opportunities for recognizing suffering and trust building Veselinka Kastratović Rape and sexual violence as war crimes acts Milena Čalić - Jelić Problem of reparations to the victims of rape and sexual violence during the war: court practice and new legal initiatives Maja Munivrana Vajda Legal basis for sanctioning hate speech - in the nineties and today CHAPTER 5 The role and the influence of the ICTY on Croatian judiciary Mirko Klarin Five big battles of the ICTY Jelena Đokić Jović ICTY: basic characteristics and practice in the relevant cases for the Republic of Croatia Vesna Alaburić Status and rights of the indicted persons and the sentencing at the ICTY Jelena Đokić Jović, Marko Sjekavica Comparative study of legal concepts applied in war crimes trials before international tribunals and Croatian domestic courts The media and monitoring of the war crimes Drago Hedl The role of the media in the process of dealing with the past Boris Pavelić The reception of the ICTY’s guilty sentences for Herceg- Bosna by Croatian media, politics and society Suzana Kunac, Eugen Jakovčić Presentation of war crimes trials in the media- the example of Gotovina and Markač judgments 3 Historical and social context of the beginning of war crimes prosecutions Tihomir Ponoš In 1921 the Supreme Court in Leipzig tried 12 suspects for war crimes during the World War One. The harshest sentence was 4 years of prison. The war crimes committed in the period between the two world wars were not punished. The World War Two changed the attitude towards processing war crimes. At the big Nuremberg trials out of 21 defendants, eleven were given the death penalty, three were given life imprisonment, two were given imprisonment of 20 years, one 15 years, one 10 years and three were acquitted. Besides the big trial, twelve more trials were held in Nuremberg from August 1947 until October 1948. At the Tokyo trials which lasted from May 1946 until November 1948 before the International Military Tribunal for the Far East the Class A war criminals were tried for the war crimes committed during the World War Two in Asia and the Pacific. Also, as a consequence of the World War Two the Convention on the Prevention and Punishment of the Crime of Genocide was adopted in 1948. The change in war crimes trials occurred in the 1990's. The wars on the territory of the former Yugoslavia horrified the international public opinion with their brutality, but also with the fact that such wars were lead in the post-Cold War Europe. The UN Security Council Resolution 827, adopted on 25th May 1993, established the International Criminal Tribunal for the Former Yugoslavia in The Hague, „for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1st January 1991 and a date to be determined by the Security Council upon the restoration of peace''. The Tribunal indicted 162 persons, and rendered verdicts in the range from acquittals to life imprisonment. It has been criticized in all the countries whose nationals were tried, and depending on the verdict it was often proclaimed to be politically manipulated Tribunal by a given country's public opinion. The intention of the Tribunal was to systematically try the largest number of war crimes suspects possible. It is the first Tribunal to issue an indictment for war crimes against a sitting head of state, Slobodan Milošević, President of the Federal Republic of Yugoslavia. Undoubtedly, a range of top military and political officials would not have been tried if the Tribunal had not been established. The Tribunal also showed some important flaws. Several UN Member States did not fully cooperate with the Tribunal and its bodies, as prescribed by the UNSC Resolution 827, but appealed to the national legislation and the protection of national interests to avoid full cooperation. The Tribunal was also reproached for not investigating possible crimes committed by other states, that is not the former Yugoslav states, but before all the NATO members and their military intervention against the Federal Republic of Yugoslavia in 1999. The Tribunal was further rebuked for unacceptably lengthy trials, which in some cases lasted more than ten years. Also, the persons who were acquitted do not have the right to compensation from the Tribunal nor another UN body for the time spent in detention. It is also rebuked for not fulfilling one of its main tasks, to contribute to the reconciliation among the countries of the region, but that it had opposite effect, that its decisions can cause new tensions between states and peoples. The so far last step towards the establishment of international legal mechanisms for war crimes was the establishment of the International Criminal Court as a permanent court. This Court was established on the basis of the Rome Statute, adopted at an international diplomatic conference in Rome on 17th July 1998. The Statute entered into force on 1st July 2002. The Court has 4 the jurisdiction for the crimes of genocide, crimes against humanity, war crimes. Since 2017 it will also have jurisdiction for the crimes of aggression. So far 122 states are parties to the Statute. Currently, Croatia filed a genocide lawsuit against Serbia before the International Court of Justice Croatia, and later Serbia filed a counter-suit against Croatia. The hearings before the ICJ were carried out in March 2014, and the Court ruling is expected to be given in February 2015. Since the beginnings of trial observation to a systematic war crimes trials monitoring Zoran Pusić, Civic Committee for Human Rights The number and the frequency of violation of human rights during the 1990's brought to the establishment of several NGO's and committees for the protection of human rights in Croatia. Many people turned to these organizations because they did not find any help from the state authorities for the violations of human rights they suffered. One of the first problems that the Civic Committee for Human Rights (CCHR) faced were massive claims of people who could not obtain Croatian citizenship although they lived in Croatia for 30 or more years. Furthermore, in 1992-1994 there was a wave of massive evictions. Hundreds of families were illegally thrown out of their apartments, without a judicial warrant, without legal bases, most frequently by brute force. By the end of 1993 and the beginning of 1994 an increasing number of wives and mothers of Croatian Army members turned to CCHR, because their sons and husbands were sent to the war against the Army of Bosnia and Herzegovina in that country. We also received information on the torture of prisoners in Kerestinec and Lora prison camp in Split. It was necessary to wait ten or more years to process some of the above mentioned crimes before courts in Croatia. Croatia reclaimed all of the RSK's (Republic of Serbian Krajina) territory in western Slavonia with the Military Operation Flash from 1st to 3rd May 1995. On 6th May 1995 several activists went to Pakrac and talked to the Chief of Police Nikola Ivkanac about establishing a Center for Human Rights.
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