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 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.

Venue
Various
Organised By
Human Rights Watch
Sub Category
Other
Contact
Elizabeth Evenson, [email protected]