L EGACY OF OF EGACY Legacy of the This publication gathers together transcripts of the proceedings of two conferences on The Legacy of the ICTY in the former Yugoslavia convened in Sarajevo, Bosnia and Herzegovina, and Zagreb, Croatia, on 6 and 8 November 2012, respectively, by the Outreach Programme ICTY in the former of the International Criminal Tribunal for the former Yugoslavia. TH Over 250 people attended the conferences, including ICTY judges and staff, officials from national judiciaries, experts on transitional E Yugoslavia justice issues, journalists, academics, NGO representatives and IC international officials from across Bosnia and Herzegovina and T Y Conference proceedings Croatia. Participants discussed the Tribunal’s achievements to date I Sarajevo, 6 November 2012 and the legacy the ICTY will leave behind to those most directly N Zagreb, 8 November 2012 affected by its work – the citizens of the former Yugoslavia. TH E FOR E Four panel discussions saw participants addressing the Tribunal’s role in transitional justice processes, the scope of the ICTY’s legacy, the importance of regional access to the Tribunal’s archives, and M the future responsibilities of local and international accountability ER ER mechanisms, including the Mechanism for International Criminal Tribunals (MICT). Y UGOSLAVIA Legacy of the ICTY in the former Yugoslavia Conference proceedings Sarajevo 6 November 2012 Zagreb 8 November 2012 ICTY Outreach Programme The Hague 2013 Legacy of the ICTY in the former Yugoslavia TheLegacy of the ICTY in the former Yugoslavia conferences would not have been possible without the generous support of the governments of the Netherlands and Switzerland, and the EU. Legacy of the ICTY in the former Yugoslavia Conference proceedings Sarajevo, 6 November 2012 Zagreb, 8 November 2012 A publication of the ICTY Outreach Programme For the publisher: Nerma Jelačić Transcribing: Balkan Investigative Reporting Network (BIRN) BiH Editing: Suzana Szabo and Slavica Košča-Vrlazić Proofreading: Joanna Ellis Adwan and Nicholas Beston Designed and printed by: Amos Graf d.o.o., Sarajevo, BiH 2013 Circulation: 1.000 The Outreach Programme is generously supported by the European Union The following document is a transcript of live audio recordings of the Legacy of the ICTY in the former Yugoslavia conferences, and as such it may contain minor spee- ch-related errors. The transcript has been carefully edited to ensure clarity for the reader, without infringing upon the original content of recorded speakers. 4 | Legacy of the ICTY in the former Yugoslavia Legacy of the ICTY in the former Yugoslavia | 5 Table of Contents Foreword ...............................................................................................7 Legacy of the ICTY in the former Yugoslavia Sarajevo, 6 November 2012 ...............................................................9 Opening remarks ...............................................................................11 Panel 1 ..................................................................................................19 What is the Tribunal’s legacy and its role in transitional justice process? Panel 2: ................................................................................................39 Dealing with the past beyond the Tribunal – The role of the Mechanism for International Criminal Tribunals (MICT), national judiciaries and non-judicial accountability mechanisms Panel 3 ..................................................................................................63 The future of the past: the scope of the ICTY legacy Panel 4 ..................................................................................................89 The importance of the Tribunal’s archives Closing remarks ..............................................................................106 Legacy of the ICTY in the former Yugoslavia Zagreb, 8 november 2012 ..............................................................113 Opening remarks .............................................................................115 Panel 1: ..............................................................................................127 What is the Tribunal’s legacy and its role in transitional justice process? Panel 2: ...............................................................................................149 Dealing with the past beyond the Tribunal – The role of the Mechanism for International Criminal Tribunals (MICT), national judiciaries and non-judicial accountability mechanisms Panel 3: ...............................................................................................173 The future of the past: the scope of the ICTY legacy Panel 4: ...............................................................................................195 The importance of the Tribunal’s archives Closing remarks: .............................................................................213 6 | Legacy of the ICTY in the former Yugoslavia Legacy of the ICTY in the former Yugoslavia | 7 Foreword In November 2012, the Tribunal’s Outreach Programme, under the auspi- ces of ICTY President Theodor Meron’s office, convened two conferences, one in Bosnia and Herzegovina and one in Croatia, entitled “The Legacy of the ICTY in the former Yugoslavia”. The conferences provided an opportunity for local stakeholders to engage in direct and constructive dialogue about the ICTY’s role in the region. Topics addressed at these conferences included the Tribunal’s contribution to transitional justice, its role in helping communities come to terms with the conflicts of the past, and the ways in which the legacy of the Tribunal can remain relevant to those most directly affected by its work: the citizens of the former Yugoslavia. The first conference was held in Sarajevo on 6 November, and was followed by a conference in Zagreb on 8 November. In addition to representatives of the Tribunal, participants included offi- cials from national judiciaries, experts on transitional justice issues, vi- ctims, lawyers, journalists, politicians, representatives of NGOs, academi- cs, artists and other stakeholders from the former Yugoslavia. Each conference included four panel discussions led by moderators who encouraged an active and comprehensive debate among the panellists. The topics of the panels were the same for each conference, but the specific issues raised and debated differed depending on local priorities. The impetus behind these events arose from two legacy conferences held in February 2010 and November 2011 in The Hague, at the initiative of former Tribunal President Judge Patrick L. Robinson. Participants at tho- se initial conferences underscored the pressing need for discussions to be held in the former Yugoslavia concerning the Tribunal’s achievements and its legacy in the region. This book contains transcripts of the proceedings of the regional confe- rences, including the opening remarks, presentations from Tribunal staff, national officials, representatives of NGOs, academics and journalists. The panel discussions and questions from the audience are also included. Nerma Jelačić Head of ICTY Communications Service 8 | Legacy of the ICTY in the former Yugoslavia Legacy of the ICTY in the former Yugoslavia | 9 Legacy of the ICTY in the former Yugoslavia Sarajevo, 6 November 2012 10 | Legacy of the ICTY in the former Yugoslavia Legacy of the ICTY in the former Yugoslavia | 11 Opening remarks Moderator: Nerma Jelačić, Head of Communications, ICTY Speakers: • Judge Carmel Agius, Vice-President, ICTY • Prof. dr. Alija Behmen, Mayor of Sarajevo • H.E. Ambassador Peter Sørensen, Head of the EU Delegation to BiH and EU Special Representative in BiH Nerma Jelačić, Head of Communications of ICTY Good morning everyone. Welcome to the Conference on the Legacy of the ICTY in the Former Yugoslavia organised by the Tribunal’s Outreach Programme with the support of the Swiss and Dutch governments and the international community My name is Nerma Jelačić. I am the head of Communications and Outrea- ch Programme of the ICTY. One of my tasks today is to give you an outline of today’s agenda. Many of you attended the previous conferences on the legacy of the ICTY that were held in The Hague in 2010 and 2011 under the auspices of then President of the Tribunal, Judge Patrick Robinson. Our objective today is to open discussion and dialogue on one of the most im- portant aspects of the legacy of the ICTY – its impact in the countries of the former Yugoslavia, Following this conference in Sarajevo today, we will have a conference on the same issues, with the same objectives in Zagreb and Belgrade respe- ctively. Today you will be hearing from international judges and other of- ficials of the Tribunal as well as representatives from the national judicia- ry, victims’ associations and some government sectors. In each of the four panels we will hear speakers coming from different sectors. It is our aim to have a fruitful discussion following every presentation, so we strongly encourage you to take part in the discussion. I will pass the floor to Judge Carmel Agius, the Vice-President of the ICTY, for the official opening. 12 | Legacy of the ICTY in the former Yugoslavia Judge Carmel Agius, Vice-President of ICTY Excellencies, Ladies and Gentlemen, good morning. I will start by acknowledging the presence of some of our guests, greeting them and thanking them for joining us today. Particularly I am referring to the Mayor of Sarajevo, Professor Alija