Angled a Big Fish

Today, the Hague-based International Criminal Tribunal for the Former Yugoslavia (ICTY) sentenced the former head of the Bosnian Serb parliament, Momcilo Krajisnik, to 27 years in prison for murder, extermination, deportation, persecution, and forced transfer of Bosnian Muslims and Croats during the 1992-1995 Bosnian war, a conflict which led to the death of over 200,000 people. The trial lasted almost 30 months.

Mr. Krajisnik represents one of the highest ranking Bosnian Serbs to be brought to trial, and one of the highest ranking successful prosecutions of the ICTY in the over 10 years of its existence. This is especially important after the death in custody and sometimes embarrassing prosecutorial process of former Serbian President Slobodan Milosevic. Former Bosnian Serb President, one of the other biggest fish to be apprehended, had plead guilty and admitted responsibility for atrocities in exchange for a reduced sentence and testifying against Krajisnik. The successful prosecution of Krajisnik represents a marked change for the tribunal, which began by prosecuting the littlest of little fish and local thugs who committed war crimes because they were available and in custody, as opposed to targeting those most responsible, which was the tactic later taken by the Special Court for Sierra Leone. As the tribunal winds down (probably by 2008), it is a vital statement that those who bear the most responsibility for the atrocities will be brought to justice. The two allegedly most responsible, former Bosnian Serb leader Radovan Karadzic and former General Ratko Mladic, are still at large after 10 years because of lack of political will and action to bring them to justice. At times, they have kept open profiles, knowing that they are protected by local loyalties and sufficiently armed bodyguards. While ICTY has a long way to go in prosecuting those who bear the greatest responsibility, the sentencing of Mr. Krajisnik is a positive step.
Two issues that were raised in his sentencing are consistent themes in ICTY judgments: difficulty prosecuting genocide and the lack of life sentences for serious atrocities. Mr. Krajisnik was found guilty of crimes against humanity, but acquitted of genocide. To this point, only two Bosnian Serb commanders have been convicted of genocide. This reflects the difficulty of proving intent. A negative consequence of the legal difficulties is that the acquittals feed the Serbian propaganda that no genocide occurred in the former Yugoslavia and leaves many Bosnian Muslims feeling as if justice was not met. The second issue is that ICTY prosecutor Alan Tieger called for life imprisonment in the case. While the 27 year sentence is effectively a life sentence for the 61 year-old Krajisnik, it does not reflect the same magnitude. So far, only one person, Bosnian Serb politician Milomir Stakic, has been given a life sentence by the tribunal, but even that was reduced to 40 years upon appeal.

The big final test for the tribunal will be whether Karadzic and Mladic can be brought to trial, convicted of genocide, and given the life sentences that they deserve.

The complete summary of judgment can be found at here.