Complementarity: Contest or Collaboration? - FICHL

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Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes On 8 February 2010, the Appellate Chamber confirmed the first instance verdict sentencing Mladen Blagojević to seven years in prison for inhumane acts and acquitting Zdravko Boţić, Zoran Ţivanović and Ţeljko Zarić on war crimes charges. The court confirmed the first instance verdict which found Blagojević guilty of having shot at the Vuk Karadţić school building in Bratunac in July 1995 using an anti-aircraft gun. At the time, male residents of Srebrenica and the surrounding villages were being detained in the building. They had been charged in a JCE as members of the Military Police Squad with the Bratunac Light Infantry Brigade of the Republika Srpska Army (VRS), with having participated in persecution and murder and in guarding buildings in which Bosniaks (Bosnian Muslims) from Srebrenica were detained after the fall of the UN protected zone. On 1 October 2009, the parliament of the BiH rejected a proposal to extend the involvement of the international personnel at the War Crimes Chamber, but on 14 December 2009, the High Representative for Bosnia and Herzegovina extended the mandate of international personnel working with war crimes sections of the Court of Bosnia and Herzegovina and its Prosecution, for three years. Kosovo has a similar court as BiH, which was established on 10 June 1999 by the United Nations Mission in Kosovo (UNMIK) with jurisdiction for war crimes and genocide. There have been final judgments in five war crimes prosecutions of 28 individuals. Of these, 15 were convicted of various war crimes and 16 acquitted. At the time of writing, international prosecutors in Kosovo were prosecuting seven separate war crimes trials involving 11 defendants, and were directing 47 war crimes investigations involving 122 known suspects. 33 On 27 May 2008, an antiwar crimes unit of the international police arrested Dxelosh Krasniqi on 33 For individual trials see Report 569 of the Institute for War and Peace reporting (IWPR) at http://www.iwpr.net/?p=tri&s=f&o=346778&apc_state=henitri200809; the 2007 Annual Report of the Humanitarian Law Center at http://www.hlc-rdc.org/Izvest aji/942.en.html and http://www.hlc-rdc.org/uploads/editor/Godisnji_izvestaj_engleski .pdf, pp. 48-58. For an assessment of the judicial system in Kosovo regarding war crimes prosecutions, see the Amnesty International report of 30 January 2008 at http://www.amnesty.org/en/news-and-updates/report/justice-failed-kosovo-20080130 and more in general the Human Rights Watch report of 28 March 2008 at http://hrw.org/reports/2008/kosovo0308/. FICHL Publication Series No. 7 (2010) – page 18
Fewer Places to Hide? The Impact of Domestic War Crimes Prosecutions on International Impunity suspicion of the abduction and murder of a Kosovo citizen near Djakovica in March 1999. On 3 February 2009, the newly deployed European Union justice mission in Kosovo opened its first war crimes trial since it took over from a UN mission. The trial of an ethnic Albanian started in the District Court of the capital Priština before a three-judge panel of whom two are from the European Union and one from Kosovo. Gani Gashi (58) is accused of killing an ethnic Albanian “by shooting him in the back” and wounding a second person trying to flee fighting between the ethnic Albanian separatist Kosovo Liberation Army and Serbian forces near Pristina in July 1998. On 3 June 2009, the European Union announced it will investigate 1,119 Kosovo war crimes cases that remain unresolved a decade after the end of its conflict. Files on the cases were handed over to EULEX, an EU rule-of-law mission in Kosovo, from its U.N. predecessor UNMIK. EULEX was launched in December in place of the U.N. mission, which administered Kosovo since NATO bombing ousted Serbian forces waging a violent crackdown on ethnic Albanian separatists in 1999. On 2 October 2009, three former Kosovo Liberation Army (KLA) fighters were sentenced to up to six years in prison for the beating and torture of civilians during the 1998-99 war. Latif Gashi, Nazif Mehmeti and Rrustem Mustafa were sentenced in 2003 to prison terms ranging from 13 to 17 years, but the Supreme Court ordered a retrial following appeals regarding the severity of the sentences. Gashi and Mehmeti were sentenced to six and three years in prison respectively. The court verdict said the three men ordered and participated in detention and torturing victims, mostly Kosovo Albanians, suspected of collaborating with the regime of Serbian leader Slobodan Milošević. Another, albeit more weakened in that it only allows for international advisors, type of domestic hybrid tribunal is the Supreme Iraqi Special Tribunal which was established in Iraq without United Nations involvement on 10 December 2003 and which has jurisdiction for genocide, crimes against humanity and war crimes, the definitions of which are similar to the ones in the ICC Statute. 34 This court has indicted 20 persons of which 14 have been sentenced in four separate trials for 34 See http://www.ictj.org/static/MENA/Iraq/iraq.cpaorder48.121003.eng.pdf. FICHL Publication Series No. 7 (2010) – page 19
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Complementarity and the Exercise of
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3.1. Introduction 3 ______ Compleme
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Complementarity: Contest or Collabo
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Publication Series Co-Editors Mr. M
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Complementarity: Contest or Collaboration? - FICHL

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