Developing Bosnia and Herzegovina's Capacity to Process War Crimes Cases: Critical Notes on a Success Story
![handle is hein.journals/jicj9 and id is 553 raw text is: Developing Bosnia and
Herzegovina's Capacity to
Process War Crimes Cases
Critical Notes on a'Success Story'
Alejandro Chehtman*
Abstract
This article provides an assessment of the initiatives aimed at developing the cap-
acity of national courts in Bosnia and Herzegovina (BiH) to conduct war crimes
cases, with particular focus on the International Criminal Tribunal for the former
Yugoslavia and the Court of BiH. It critically examines both formal and informal
mechanisms implemented in order to enhance the capacity of BiH courts and legal
professionals to investigate, prosecute, defend and try cases for war crimes, and
assesses its main strengths and weaknesses. This article advocates three interrelated
claims. First, it submits that there are significant difficulties in terms of coherence,
coordination and sequencing of capacity development initiatives. Second, it suggests
that efforts are too focused on the transfer of knowledge or skills to individuals,
and do not pay enough attention to the institutional context and culture in which
these individuals work. And finally, it argues that the greatest contribution to local
capacity made by the international community, and in particular the ICTY and
the Court of BiH, has been connected to certain aspects of their institutional
design. In particular, their contribution to the enhancement of local capacity has
Research Associate, Centre for International Courts and Tribunals, University College London.
This research has received funding from the Seventh Framework Programme under grant
agreement no. 217589 (Impact of International Criminal Procedures on Domestic Criminal
Processes in Mass Atrocity Cases - DOMAC). I am indebted to Ruth Mackenzie for detailed com-
ments and suggestions throughout the research and drafting of this article, and to Sabina
Cehajic for invaluable research assistance. I am also indebted to Judge Shireen Fisher for her
support and the many conversations we had. Several other people have provided feedback on
previous drafts of this article. I am particularly grateful to Fidelma Donlon, Jasmina Pjanic,
YaIl Ronen, Harmen van der Wilt, and two anonymous reviewers. A previous version of this
paper was presented at the DOMAC Roundtable on the Impact of International Criminal
Courts on Domestic Proceedings, Belgrade, 19-20 November 2009; I would like to thank its
participants for a stimulating discussion, especially Matias Hellman, Marie-Ursula Kind, and
Judge David Re. The usual disclaimer applies. [a.chehtman@ucl.ac.uk]
Journal of International Criminal Justice 9 (2011), 547-570 doi:10.1093/jicj/mqrO24
Advance Access publication 15 June 2011
0 Oxford University Press, 2011. All rights reserved. For permissions, please email: journals.permissions@oup.com](ViewImageLocal?handle=hein.journals/jicj9&div=38&collection=&method=preview&ext=.png&size=3)
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Developing Bosnia and Herzegovina's Capacity to Process War Crimes Cases: Critical Notes on a Success Story
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