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65 Crime L. & Soc. Change 1 (2016)

handle is hein.journals/crmlsc65 and id is 1 raw text is: Crime Law Soc Change (2016) 65:1-27
DOI 10.1007/s10611-015-9573-7
Pursuit of justice and the victims of war in Bosnia
and Herzegovina: An exploratory study
Sanja Kutnjak Ivkovi6 - John Hagan
Published online: 9 February 2016
O Springer Science+Business Media Dordrecht 2016
Abstract This paper presents the results of a 2007 survey of victims of war crimes and
crimes against humanity from Bosnia and Herzegovina. Our results show that the ICTY
is the primary decision-maker for war crimes and crimes against humanity of their
choice, particularly for the trials of military and political leaders. The respondents who
reported being raped, beaten, and starved were more supportive of the ICTY than the
other respondents were. The respondents who evaluated the ICTY as fair and who
testified at the Court of BiH were more likely to select the ICTY as the preferred
decision-maker. The respondents evaluated only one domestic court-the Court of
Bosnia and Herzegovina (Court of BiH)-as fair.
Introduction
The war in the former Yugoslavia created hundreds of thousands of victims of war
crimes and crimes against humanity. In 1993, the United Nations Security Council
established the International Criminal Tribunal for the former Yugoslavia (ICTY). The
ICTY's key purposes have been to render justice for the victims of the wars in the
former Yugoslavia, punish the perpetrators, and contribute to the restoration of peace
[20, 21]. Many victims-Muslims/Bosniaks, Croats, Serbs-have testified in the cases
tried before the ICTY [22]. According to the most recent account provided by the ICTY
in 2011 [24], about 4,000 victims have been given an opportunity to be heard by the
ICTY and share their stories before the international judges.
However, compared to the overall number of victims-estimated at more than three
million refugees, 200,000 to 250,000 people killed, 50,000 tortured, and 20,000 raped
[5]-the victims who have testified before the ICTY constitute but a small proportion.
A 2013 representative survey conducted in Bosnia and Herzegovina revealed that the
overwhelming majority of the respondents (more than 95 %) did not have any
S. Kutnjak Ivkovi6 (E)
Michigan State University, East Lansing, MI, USA
e-mail: kutnjak@msu.edu
J. Hagan
Northwestern University, Evanston, IL, USA
e-mail: i-hagan(atnorthwestern.edu

4L Springer

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