Developing the Capacity of Bosnia and Herzegovina to Process War Crimes Cases: Critical Notes on a ‘Success Story’

ALEJANDRO CHEHTMAN

Journal of International Criminal Justice

Oxford University Press

Lugar: Oxford; Año: 2011 vol. 9 p. 547 - 570

1478-1387

 This article provides an assessment of the initiatives aimed at developing the capacityof national courts in Bosnia and Herzegovina (BiH) to conduct war crimescases, with particular focus on the International Criminal Tribunal for the formerYugoslavia and the Court of BiH. It critically examines both formal and informalmechanisms implemented in order to enhance the capacity of BiH courts and legalprofessionals to investigate, prosecute, defend and try cases for war crimes, andassesses its main strengths and weaknesses. This article advocates three interrelatedclaims. First, it submits that there are significant difficulties in terms of coherence,coordination and sequencing of capacity development initiatives. Second, it suggeststhat 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 whichthese individuals work. And finally, it argues that the greatest contribution to localcapacity made by the international community, and in particular the ICTY andthe Court of BiH, has been connected to certain aspects of their institutionaldesign. In particular, their contribution to the enhancement of local capacity haslargely taken place through the information transferred to the local legal systemthrough the sending of files, the horizontal collaborative relationships developed betweenthe relevant professionals, and the institutional incentives towards havinglocal courts process cases of war crimes. This article concludes, then, by advocatinga shift in the focus of existing capacity development and institution-building effortsin post conflict situations.