DOCSLIB.ORG

“… and That It Does Not Happen to Anyone Anywhere in the World”

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
“… and That It Does Not Happen to Anyone Anywhere in the World” Study “… and that it does not happen to The Trouble with Rape Trials – anyone anywhere Views of Witnesses, Prosecutors and Judges in the world” on Prosecuting Sexualised Violence during the War in the former Yogoslavia © medica mondiale e.V. December 2009 “...and that it does not happen to anyone anywhere in the world” The Trouble with Rape Trials – Views of Witnesses, Prosecutors and Judges on Prosecuting Sexualised Violence during the War in the former Yugoslavia Authors: Coordinators: GABRIELA MISCHKOWSKI, GABRIELA MISCHKOWSKI, GORANA MLINAREVIC SARA SHARRATT Ph.D. Editorial staff: Selmin Çalıs¸kan (Editor-in-chief), Britta Amorin, Lizette Dennis, Jessica Mosbahi, Paul Christensen, Beate Kriechel Special thanks to Vahida Nainar for her help with content editing Layout: Ute Bley This study was supported by a grant from: Cover pictures: © Ursula Meissner/medica mondiale (left), High School as Detention Camp, Focˇa; © Gabriela Mischkowski/ medi ca mondiale (right) Table of Contents Table of Contents Foreword ........................................................................................................................................................5 Introduction by the Authors ..............................................................................................................................8 Acknowledgements ........................................................................................................................................12 Abbreviations ................................................................................................................................................13 Part One: The Prosecution of Rape before the International Criminal Tribunal for the Former Yugoslavia and the War Crimes Chamber 1. War Rape in Bosnia Herzegovina – The Commission of Experts’ Report ......................................................14 2. The International Criminal Tribunal for the Former Yugoslavia ....................................................................17 2.1 Mandate and Legal Basis ...................................................................................................................17 2.2 Special Rules for Sexualised Violence Cases .......................................................................................18 2.3 The Completion Strategy of the International Criminal Tribunal for the Former Yugoslavia and Referrals to the War Crimes Chamber ...........................................................................................18 3. The Court of Bosnia and Herzegovina and the War Crimes Chamber ............................................................20 3.1 The Legal System in Bosnia and Herzegovina.......................................................................................20 3.2 Establishment and Mandate of the Court of Bosnia and Herzegovina.....................................................21 3.2.1 Prosecutor’s Office of Bosnia and Herzegovina .........................................................................21 3.2.2 Cantonal and District Courts....................................................................................................22 3.2.3 Legal Basis for Prosecuting Sexualised Violence ......................................................................22 3.2.4 Plea Bargaining ......................................................................................................................22 3.2.5 Provisions Concerning Sexualised Violence ..............................................................................23 3.2.6 Rape Definition.......................................................................................................................24 3.3 Gender Composition of the War Crimes Chamber and the Prosecutor's Office ........................................25 4. Prosecution of Sexualised Violence ...........................................................................................................27 4.1 International Criminal Tribunal for the Former Yugoslavia: Indictments, Convictions and Acquittals ...........27 4.1.1 Indictments ............................................................................................................................27 4.1.2 Conviction Rate ......................................................................................................................27 4.1.3 Ranks of Accused ...................................................................................................................29 4.1.4 Sex of Victims ........................................................................................................................30 4.1.5 Plea Agreements ....................................................................................................................32 4.1.6 Acquittals...............................................................................................................................33 4.2 Women’s Roles in Successful Prosecutions of Sexualised Violence .......................................................40 4.3 Sexualised Violence Trials in Bosnia and Herzegovina ..........................................................................44 Part Two: Views of Witnesses and Court Members 5. Witnesses’ Perspectives ..........................................................................................................................50 5.1 On Reasons for Testifying ..................................................................................................................52 5.2 On Support for Testifying ...................................................................................................................59 5.3 On Good and Bad Practices ...............................................................................................................61 6. Some Perspectives from Judges and Prosecutors at the War Crimes Chamber ............................................65 6.1 Challenges of Rape Trials ..................................................................................................................65 6.2 Some Experiences from the International Criminal Tribunal for the Former Yugoslavia .............................72 3 Table of Contents 7. Protection and Security ............................................................................................................................74 7.1 Protective Measures of the International Criminal Tribunal for the Former Yugoslavia .............................74 7.2 Protection Policy of the War Crimes Chamber ......................................................................................76 7.3 Witnesses’ Perspectives on Protection and Security ............................................................................84 8. Social Justice ...........................................................................................................................................89 8.1 Witnesses’ Perspectives.....................................................................................................................89 8.2 Reparation.........................................................................................................................................90 9. Recommendations ....................................................................................................................................93 9.1 Recommendations from Witnesses .....................................................................................................93 9.2 Recommendations of medica mondiale ...............................................................................................94 Bibliography ...................................................................................................................................................97 Appendix – Witness Questionnaire ................................................................................................................104 Footnotes ...................................................................................................................................................110 4 Foreword Foreword abused and were not informed about the proceedings du- ring the trials etc.. They lived in constant fear, while the Sexualised war crimes have been a key issue for medica majority of perpetrators still ran free and lead their lives mondiale for the last 17 years. Since the very beginning, undisturbed. In the Lasva-Valley in Central Bosnia war cri- the organisation has pursued two goals: putting an end minals lived, for example, next door to their victims. to the impunity of offenders who committed war rapes There was no need to threaten witnesses directly to inti- as well as to the trivialisation of war rapes as an inevi- midate them. table collateral damage. medica mondiale has had bitter experiences with the War rapes were seldom prosecuted in the past. On the ICTY as well. The tribunal in The Hague ordered Medica rare occasions where perpetrators were prosecuted, the Zenica to disclose the confidential medical and psycho- aim was to reestablish military order and discipline. After social record of one of its clients who testified as a vic- the end of World War II, international law entered into a tim witness in court. The trust of clients was betrayed new era. Justice for rape victims played, however, only a and the entire future cooperation with courts was at minor role. stake. Are therapy sessions possible if a client cannot rely on the therapist-patient
Load more

Recommended publications
  • THE SENATOR GEORGE J MITCHELL INSTITUTE for GLOBAL PEACE, SECURITY and JUSTICE WORKING PAPER SERIES ISSN 2399-5130 (Online)
    THE SENATOR GEORGE J MITCHELL INSTITUTE FOR GLOBAL PEACE, SECURITY AND JUSTICE WORKING PAPER SERIES ISSN 2399-5130 (Online) Navigating Research on Conflict-Related Sexual Violence in the Post-Yugoslav Space Emily Mitchell-Bajic [email protected] 1 NAVIGATING RESEARCH ON CONFLICT-RELATED SEXUAL VIOLENCE IN THE POST- YUGOSLAV SPACE By Emily Mitchell-Bajic ABSTRACT This paper examines two focal conceptual elements of understanding how survivors of sexual violence are interpreted in the post-Yugoslav nation states of Bosnia & Herzegovina, Croatia, and Kosovo. By offering an explanation of social identity theory in practice, prevalent perceptions of gender within the region highlight dominant perceptions of survivors. Furthermore, this paper critically examines and justifies the use of a feminist standpoint epistemology as a foundation on which to navigate the heavily gendered research topic of conflict-related sexual violence. Keywords: Conflict-related sexual violence, post-Yugoslavia, gender, social identity theory, feminist standpoint epistemology. 2 NAVIGATING RESEARCH ON CONFLICT-RELATED SEXUAL VIOLENCE IN THE POST- YUGOSLAV SPACE INTRODUCTION Following the initial breakup of Yugoslavia into six Republics in 1991, while Slovenia and Macedonia enjoyed relatively peaceful secession, violent conflict erupted in Croatia (1991- 1995) and Bosnia (1992-1995). Additionally, violent conflict arose from the declared independence of Kosovo (1998-1999). These three countries were also subject to mass campaigns of conflict-related sexual violence (CRSV) during their respective eras of violent conflict. While numbers of women subjected to CRSV during the Croatian War of Independence lack formal statistical recording, an estimated 20,000 women experienced CRSV during the Bosnian conflict (Engle, 2005: 784-785), with a further 20,000 experiencing CRSV in wartime Kosovo (Gray, 2019).
    [Show full text]
  • Womens Side of War.Pdf
    Publisher Women in Black - Belgrade, December 2008 Original title Ženska strana rata, Women in Black - Belgrade, 2007 Edited by Lina Vušković and Zorica Trifunović In association with Tamara Belenzada, Helena Rill, Staša Zajović, Lino Veljak, Indira Topčagić, Sanja Cesar and Luljeta Vuniqi Translation Mirka Janković, Stanislava Lazarević, Dubravka Radanov, et al. Proof reading and editing Jennifer Michelle Williams, Janet Fiona Rabin, Tamara Belenzada Layout Marija Vidić Artistic design Bojana Ban Printing Artprint Circulation 1,000 The publication of this book was made possible by Kvinna til Kvinna, Sweden and Quaker Peace & Social Witness, London The translation and printing of the English edition was made possible by The Balkan Trust for Democracy Acknowledgements First and foremost, our thanks go to all those women, both the undersigned and those who have remained anonymous, who related and wrote accounts of their experiences during the wars in the area of the for- mer Yugoslavia and whose testimonies have been included in this compila- tion. We also thank the women who recorded these testimonies and made possible their publication. We thank the authors with whose consent we have published parts of their works free of charge: Alenka Mirković (91,6 MHZ – Voice Against Cannons), Svetlana Djordjević (Testimony on Kosovo), Miroslava Malešević (Didara – Life Story of a Woman from Prizren), Jusuf Kadrić (Brčko: Genocide and Testimonies), Radmila Sesar (radio drama: Mother Meira – In Search of the Truth) and Brendan MacQuillan (Voices of
    [Show full text]
  • CR 2006/41 (Translation)
    BHY CR 2006/41 (translation) CR 2006/41 (traduction) Thursday 4 May 2006 at 10 a.m. Jeudi 4 mai 2006 à 10 heures - 2 - 10 The PRESIDENT: Please be seated. Madame Fauveau-Ivanović, you have the floor. Ms FAUVEAU-IVANOVIĆ: Thank you, Madam President. GENOCIDE I. Genocide was not committed in Bosnia and Herzegovina: the criminal acts were not the consequence of the political objectives of the Bosnian Serbs 1. Madam President, Members of the Court, we have been able to observe during the oral pleadings that the positions of the Applicant and of Serbia and Montenegro do not differ substantially as regards the definition of the constituent elements of genocide enumerated in Article II of the Genocide Convention. 2. We agree that the material elements of the crime of genocide, its actus reus, are enumerated exhaustively in Article II of the Genocide Convention, and that the crime of genocide can only be constituted by the commission of one of the acts enumerated. We have also reached agreement on the fact that such acts constitute genocide only if they are committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religions group, as such. 3. However, we do not agree on the legal characterization of the facts in the present case, since the Applicant alleges that genocide was committed, while we consider that genocide was not committed. Indeed, Madam President, Members of the Court, genocide was not committed in Bosnia and Herzegovina. Neither Serbia and Montenegro nor the Bosnian Serbs had the intention to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.
    [Show full text]
  • Mass Rape in Bosnia-Herzegovina and the Efficiency of the ICTY Meredith Loken SIT Study Abroad
    SIT Graduate Institute/SIT Study Abroad SIT Digital Collections Independent Study Project (ISP) Collection SIT Study Abroad Fall 2010 Bringing War Criminals to Justice and Justice to Victims: Mass Rape in Bosnia-Herzegovina and the Efficiency of the ICTY Meredith Loken SIT Study Abroad Follow this and additional works at: https://digitalcollections.sit.edu/isp_collection Part of the Civil Rights and Discrimination Commons, Feminist, Gender, and Sexuality Studies Commons, Inequality and Stratification Commons, and the International Law Commons Recommended Citation Loken, Meredith, "Bringing War Criminals to Justice and Justice to Victims: Mass Rape in Bosnia-Herzegovina and the Efficiency of the ICTY" (2010). Independent Study Project (ISP) Collection. 962. https://digitalcollections.sit.edu/isp_collection/962 This Unpublished Paper is brought to you for free and open access by the SIT Study Abroad at SIT Digital Collections. It has been accepted for inclusion in Independent Study Project (ISP) Collection by an authorized administrator of SIT Digital Collections. For more information, please contact [email protected]. Bringing War Criminals to Justice and Justice to Victims: Mass Rape in Bosnia-Herzegovina and the Efficiency of the ICTY Loken, Meredith Academic Director: Connors, Kevin Advisor: Bužinki ć, Emina The College of Wooster Bachelor of Arts in Women’s Gender, and Sexuality Studies Bachelor of Arts in Political Science Europe, Netherlands, Amsterdam Submitted in partial fulfillment for the requirements for The Netherlands: International perceptive of sexuality and gender, SIT Study Abroad, Fall 2009 1 Acknowledgements I would like to extend my deepest thanks to my host parents, John and Thomas, for providing me with a wonderful life in Amsterdam, endless support and terrific food.
    [Show full text]
  • United Nations
    UNITED NATIONS International Tribunal for the Case No. IT-95-10-T Prosecution of Persons Responsible for Serious Violations of International Date: 14 December 1999 Humanitarian Law Committed in the Territory of The Former Yugoslavia English since 1991 Original: French IN THE TRIAL CHAMBER Before: Judge Claude Jorda, Presiding Judge Fouad Riad Judge Almiro Rodrigues Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh Decision of: 14 December 1999 THE PROSECUTOR v. GORAN JELISI] JUDGEMENT The Office of the Prosecutor: Defence Counsel: Mr. Geoffrey Nice Mr. Veselin Londrovi} Mr. Vladimir Tochilovsky Mr. Michael Greaves Case No. IT-95-10-T PURL: https://www.legal-tools.org/doc/b3ece5/14 December 1999 CONTENTS I. INTRODUCTION ................................................................................................................1 A. The Indictment ...............................................................................................................1 B. Procedural Background..................................................................................................2 II. HISTORICAL BACKGROUND..........................................................................................5 III. THE CRIMES ADMITTED TO BY THE ACCUSED IN THE GUILTY PLEA............6 A. Violations of the laws or customs of war.......................................................................8 1. Murder........................................................................................................................9 2. Cruel Treatment........................................................................................................11
    [Show full text]
  • Chapter 1: Ethnic Cleansing and the Plight of Refugees
    CHAPTER 1 ETHNIC CLEANSING AND THE PLIGHT OF REFUGEES The War in Outline 1.1 War broke out in the former Yugoslavia in 1991 as a result of rising nationalism exploited in the first instance by President Milosevic of Serbia and taken up with a vengeance by President Tudjman of Croatia. Tito had subdued nationalist and ethnic rivalries and fears by carefully crafted federal arrangements designed to balance the ethnic groups within Yugoslavia. 1.2 Beginning in Kosovo in 1987, Milosevic abandoned caution in the pursuit of political advantage and his actions led first to the dissolution of the federal political structure and then to secession first by Slovenia, then Croatia and then Bosnia. Slovenia and Croatia embraced independence eagerly; Bosnia was left no choice. 1.3 In response to the claims of the Croatian and Slovenian republics for independence, Serbia went to war. The war in Slovenia lasted only a matter of weeks and in Croatia approximately six months, between July and December 1991. Slovenia, homogeneous in its ethnic population, separated relatively unscathed; Croatia lost a third of its territory to rebel Croatian Serbs backed by the Yugoslav National Army (JNA), 10,000 people were killed, hundreds of villages were destroyed and 250,000 people were driven from their homes. 1.4 The European Community recognised Croatian independence on 15 January 19921 at the same time that Croatia accepted a peace plan brokered by Cyrus Vance, the UN Special Envoy. Four sectors, UN Protected Areas (UNPAs), were established inside Croatia, monitored by 14,000 UN troops. In May and August 1995 three of these four sectors were retaken by Croatian forces, causing almost the entire Serbian population of the region (over 200,000 people) to flee.
    [Show full text]
  • PROSECUTION WITNESSES PROSECUTION (Exclusively for the Use of the Media
    PROSECUTION WITNESSES PROSECUTION (Exclusively for the use of the media. Not an official document) Witness Code / Witness Name and Mode and Time Information on previous testimony (if applicable) and background information Calling Order1 of Testimony Previously testified before the Tribunal: Brđanin case: 7, 17 and 18 June 2002 Milošević case: 3 December 2003 Krajišnik case: 26 July 2004 KDZ263 Partial 92r te 2 1. Ahmet ZULIĆ Ahmet Zulić has previously testified about the general political situation in Sanski Most and about the brutal conditions, 1 hour3 beatings and killings in the detention facilities in which he was held. For more information, please see the “Prosecutions second notification of admission of written evidence pursuant to Rule 92ter with appendices A and B witness Ahmet Zulić” of 24 February 2010 (Document available from ICTY Court Records). Previously testified before the Tribunal: Krajišnik case: 2 and 3 September 2004 Sulejman Crnčalo has previously testified about events in the municipality of Pale in 1991 and the first half of 1992. “The witness was a Muslim factory worker who lived in Pale from 1978 until the time he was expelled on 2 July 1992. He describes the persecution of Muslims in Pale from 1991 until July 1992, when almost all the remaining Muslims were transferred out of the municipality, and the participation of the Bosnian Serb forces (including, in particular, the police, acting in cooperation with paramilitary units) in this campaign…” (Krajišnik case, 2 Sept. 2004, transcript page 5291) KDZ183 2. Sulejman 92ter CRNČALO From the Prosecution submission in the Karadžić case, 2 November 2009: 0.5 hours “… The Witness is a crime-base witness from Pale municipality, who was expelled from Pale to Sarajevo in July 1992, and lived in Sarajevo with his wife and children until the end of the siege.
    [Show full text]
  • Remembering Wartime Rape in Post-Conflict Bosnia and Herzegovina
    Remembering Wartime Rape in Post-Conflict Bosnia and Herzegovina Sarah Quillinan ORCHID ID: 0000-0002-5786-9829 A dissertation submitted in total fulfilment of the degree of Doctor of Philosophy July 2019 School of Social and Political Sciences University of Melbourne THIS DISSERTATION IS DEDICATED TO THE WOMEN SURVIVORS OF WAR RAPE IN BOSNIA AND HERZEGOVINA WHOSE STRENGTH, FORTITUDE, AND SPIRIT ARE TRULY HUMBLING. i Contents Dedication / i Declaration / iv Acknowledgments / v Abstract / vii Note on Language and Pronunciation / viii Abbreviations / ix List of Illustrations / xi I PROLOGUE Unclaimed History: Memoro-Politics and Survivor Silence in Places of Trauma / 1 II INTRODUCTION After Silence: War Rape, Trauma, and the Aesthetics of Social Remembrance / 10 Where Memory and Politics Meet: Remembering Rape in Post-War Bosnia / 11 Situating the Study: Fieldwork Locations / 22 Bosnia and Herzegovina: An Ethnographic Sketch / 22 The Village of Selo: Republika Srpska / 26 The Town of Gradić: Republika Srpska / 28 Silence and the Making of Ethnography: Methodological Framework / 30 Ethical Considerations: Principles and Practices of Research on Rape Trauma / 36 Organisation of Dissertation / 41 III CHAPTER I The Social Inheritance of War Trauma: Collective Memory, Gender, and War Rape / 45 On Collective Memory and Social Identity / 46 On Collective Memory and Gender / 53 On Collective Memory and the History of Wartime Rape / 58 Conclusion: The Living Legacy of Collective Memory in Bosnia and Herzegovina / 64 ii IV CHAPTER II The Unmaking
    [Show full text]
  • Bosnian Genocide Denial and Triumphalism: Origins
    BOSNIAN GENOCIDE DENIAL AND TRIUMPHALISM: ORIGINS, IMPACT AND PREVENTION IMPACT ORIGINS, DENIAL ANDTRIUMPHALISM: BOSNIAN GENOCIDE BOSNIAN GENOCIDE DENIAL AND TRIUMPHALISM: ORIGINS, IMPACT AND PREVENTION Illustration © cins Edited by Sead Turčalo – Hikmet Karčić BOSNIAN GENOCIDE DENIAL AND TRIUMPHALISM: ORIGINS, IMPACT AND PREVENTION PUBLISHER Faculty of Political Science University of Sarajevo Bosnia and Herzegovina IN COOPERATION WITH Srebrenica Memorial Center Institute for Islamic Tradition of Bosniaks ON BEHALF OF THE PUBLISHER Sead Turčalo EDITORS Hikmet Karčić Sead Turčalo DTP & LAYOUT Mahir Sokolija COVER IMAGE Illustration produced by Cins (https://www.instagram.com/ cins3000/) for Adnan Delalić’s article Wings of Denial published by Mangal Media on December 2, 2019. (https://www.mangalmedia.net/english//wings-of-denial) DISCLAIMER: The opinions expressed in this publication are those of the author(s) and do not reflect the opinions of Publishers or its Editors. Copyright © 2021 Printed in Bosnia and Herzegovina Bosnian Genocide Denial and Triumphalism: Origins, Impact and Prevention Editors: Sead Turčalo – Hikmet Karčić Sarajevo, 2021. Table of Contents Preface ..............................................................................7 Opening Statement by Ambassador Samantha Power .....9 PETER MAASS: The Second War: Journalism and the Protection of the Memory of Genocide From the Forces of Denial ..........................................15 MARKO ATTILA HOARE: Left-Wing Denial of the Bosnian Genocide ................................20 SAMUEL TOTTEN: To Deny the Facts of the Horrors of Srebrenica Is Contemptible and Dangerous: Concrete Recommendations to Counter Such Denial ...27 NeNad dimitrijević: Life After Death: A View From Serbia ....................................................36 ediNa Bećirević: 25 Years After Srebrenica, Genocide Denial Is Pervasive. It Can No Longer Go Unchallenged .........................42 Hamza Karčić: The Four Stages of Bosnian Genocide Denial .........................................................47 DAVID J.
    [Show full text]
  • HR in Bahrain
    Table of Contents • Petition calls on Google to remove Bosnia 'rape camp' from search Petition calls on Google to remove Bosnia 'rape camp' from search Vilina Vlas spa, where Serb forces raped 200 Bosniak women, girls is listed on international travel and booking sites. By Mersiha Gadzo Al Jazeera (25.08.2020) - https://bit.ly/3gZ5IxP - There is not a room or spot in the Vilina Vlas hotel where women were not raped or people were not killed, according to Bakira Hasecic, president of Bosnia's Women Victims of War (WVW) association and a rape survivor from Visegrad. It is estimated that Serb forces captured and raped at least 200 women and girls, mostly Bosniaks (Bosnian Muslims), in 1992 in the hotel in Visegrad, eastern Bosnia. Some of the victims were as young as 14. Fewer than 10 made it out alive. Their husbands, brothers and sons were also tortured and killed in the hotel. Over the years, the few survivors have testified to media about what took place there. One survivor, who wished to remain anonymous, told Balkan Insight how Bosnian Serb strongman Milan Lukic, head of the Serb paramilitary White Eagles - also known as Avengers - raped her at her home in Visegrad after killing her 16-year-old son in front of her with a knife. Lukic then took the woman to Vilina Vlas, where she lost count of how many times she was raped. She said: "There were many women held in the hotel and there was blood everywhere". "All the rooms in the hotel were locked.
    [Show full text]
  • How to Cite Complete Issue More Information About This Article
    Vibrant: Virtual Brazilian Anthropology ISSN: 1809-4341 Associação Brasileira de Antropologia (ABA) Peres, Andréa Carolina Schvartz For Human Rights: Constructing the multinational Brčko District in Bosnia and Herzegovina Vibrant: Virtual Brazilian Anthropology, vol. 15, no. 3, e153509, 2018 Associação Brasileira de Antropologia (ABA) DOI: 10.1590/1809-43412018v15n3d509 Available in: http://www.redalyc.org/articulo.oa?id=406958169011 How to cite Complete issue Scientific Information System Redalyc More information about this article Network of Scientific Journals from Latin America and the Caribbean, Spain and Journal's webpage in redalyc.org Portugal Project academic non-profit, developed under the open access initiative Dossier Gramáticas de la (¿post?) violencia: identidades, guerras, cuerpos y fronteras For Human Rights: Constructing the multinational Brčko District in Bosnia and Herzegovina Andréa Carolina Schvartz Peres1 2 3 1 Universidade Federal de Roraima, Boa Vista/RR, Brasil 2 Centro Brasileiro de Análise e Planejamento, São Paulo/SP, Brasil 3 Universidade Estadual de Campinas, Campinas/SP, Brasil Abstract The Brčko District was conceived to be a multiethnic political-administrative unit in post-war Bosnia and Herzegovina. Various efforts have been made to accomplish this since the year 2000, such as the construction of urban space with the equitable presence of the three national groups recognized by the Constitution of Bosnia and Herzegovina and the unification of the school system, both with the aim to guarantee human rights, understood as equal cultural rights. This article focuses on the educational system and the monuments policy to critically analyze these endeavors by revealing how policies for the construction of a multinational space have contributed to the maintenance of a divided city, where the borderlines do not need to be official to exist and constantly remind everyone to which group they belong to and what this means.
    [Show full text]
  • MOMCILO KRAJISNIK and BILJANA PLAVSIC AMENDED
    THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA Case No. IT-00-39 & 40-PT THE PROSECUTOR OF THE TRIBUNAL AGAINST MOMCILO KRAJISNIK and BILJANA PLAVSIC AMENDED CONSOLIDATED INDICTMENT The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the International Criminal Tribunal for the former Yugoslavia ("the Statute of the Tribunal"), charges: MOMCILO KRAJISNIK and BILJANA PLAVSIC with GENOCIDE, CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS AND CUSTOMS OF WAR as set forth below: THE ACCUSED 1. Momcilo KRAJISNIK, son of Sreten and Milka (née Spiric) was born on 20 January 1945 in Zabrdje, municipality of Novi Grad, Sarajevo, Bosnia and Herzegovina. He was a leading member of the Serbian Democratic Party of Bosnia and Herzegovina ("SDS") and he served on a number of SDS bodies and committees. On 12 July 1991, Momcilo KRAJISNIK was elected to the Main Board of the SDS. He was President of the Assembly of Serbian People in Bosnia and Herzegovina ("Bosnian Serb Assembly") from 24 October 1991 until at least November 1995. He was a member of the National Security Council of the Bosnian Serb Republic and from the beginning of June 1992 until 17 December 1992, he was a member of the expanded Presidency of the Bosnian Serb Republic. 2. Biljana PLAVSIC, daughter of Svetislav, was born on 7 July 1930 in Tuzla, Tuzla municipality, Bosnia and Herzegovina. She was a leading member of the SDS from the period of its establishment in Bosnia and Herzegovina. From 18 November 1990 until April 1992, Biljana PLAVSIC was a member of the collective Presidency of Bosnia and Herzegovina.
    [Show full text]