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BIRN BiH

BIRN BiH Transitional Justice Project

12 01 2006  The goal of this one-year project, begun in January 2005, is to increase understanding and support for the work of the war crimes chamber in BiH, where trials started later in the year, thereby contributing to the process of truth and reconciliation.

BIRN BiH Justice Project – Media, Civil Society & War Crimes Trials

In 2006, BIRN is continuing its support for the justice process by creating a special network of support in the media and BiH civil society, at home and throughout the diaspora.

This represents the second phase of a project begun in 2005 to increase understanding and support for the work of the war crimes chamber in BiH, where trials recently started, thereby contributing to the process of truth and reconciliation.

The first phase included an extensive training course for journalists and civil society workers from all over Bosnia and Herzegovina; production of a bilingual guide to the war crimes chamber; and a conference bringing together all participants – officials, legal professionals, media and civil society – to reflect on the transition and discuss future needs.

Phase 2 of this project involves three elements:

1. Justice Report:
Both journalists and editors have expressed worries to BIRN that they will not be able to give adequate coverage to local war crimes trials citing among other reasons the lack of staff, technical or financial resources. There is no dedicated wire service available to supplement their coverage and, unlike the ICTY, the court in Sarajevo will not provide an archive of transcripts of hearings – something researchers on the Hague tribunal have found essential.

But sustained and serious reporting is essential to reflect the real workings of the court – bad journalism can undermine the effectivness of the trials.

BIRN's Justice Report will eradicate this by creating a specialised information agency using a pool of local journalists to provide regular, comprehensive, unbiased and reliable information on war crimes trials and other relevant events at the War Crimes Chamber within the State Court of BiH. Reports will be disseminated weekly, with local media able to republish their content free of charge.

2. Justice Dialogue:
Ten years after the war the citizens of BiH care very deeply about the justice yet to be done. The war has left BiH judiciary ethnically dividied with judges and prosecutors often chosen according to party line. For many years after the war, the courts were marred by bias, corruption and unaccountability. A substantial reform process put in place a few years ago has not yet succeeded to restore public confidence in the courts.

It is imperative that trust in domestic courts is restored if war crimes justice is to be successful, for it requires not only acceptance of its authority, but also practical cooperation in the field of evidence gathering and law enforcement. The success of the Chamber in this regard will only be partial if the community it is providing justice to does not know how it operates and the limits of its mandate.

At previous conferences on war crimes and reconciliation organised by BIRN representatives of victims from the Federation and Republika Srpska called on our organisation to organise more such events. 'It is the only way our voices can be heard,' they said.

BIRN will in 2006 host quarterly events where the process of justice and its impact on the community will be discussed with civil society groups, courts, government and international community. These events will take place across the territory of BiH allowing more input and involvement from rural communities which often feel left out and alienated.

Programmes of events will be tailored to address the needs of the community in each region, chosen after extensive research and consultation in order to target the most needy and time/case sensitive places.

3. Justice for All
BIRN has added an innovative element to involve BiH’s considerable diaspora community in the process of war crimes justice and reconciliation in the country.

Almost a million pre-war citizens of BiH remain outside of the country’s borders. Many have economic wealth or academic/professional credentials which are desperately needed in their native country, while others are potential key witnesses for upcoming war crimes trials.

However, they feel left out, uninformed and alienated from socio-political and economic developments in BiH. Often the feeling of injustice and bitterness is most strongly felt among the diaspora. Lack of information about the past beyond the borders of BiH means that many live in the belief that return is not an option. Last year the BiH government recognized the need for better integration of diaspora in the process of democratisation and development.

The success of the Chamber and the process of justice and reconciliation itself are to a large extent co-dependent on the diaspora and vice versa. A lot of important information necessary for prosecutions, trials and the creation of a complete historical picture of the truth remain outside of BiH borders with its citizens in the diaspora.

BIRN’s Justice for All programme will put together a network of key diaspora communities, to which the Justice Report will be distributed. Contribution to it will be encouraged from diaspora representatives to ensure their voices are heard in BiH.

Two-way communication will be further ensured through a special page of BIRN’s website, with information, links and a moderated forum. The results will be communicated to the war crimes chamber and close links with its Community Support Network kept.

Additionally, BIRN BiH will organise a series of events in the diaspora where the work of the court will be introduced and public opinion/information helpful to the process of justice gauged.

All elements of this project have been developed to be complementary to and run in cooperation with the Chamber's Community Support Network.

To find out how to get involved in or support this project, please contact BIRN BiH Director Nerma Jelacic.

Past Project: BIRN BiH Transitional Justice Project
The goal of this one-year project, begun in January 2005, was to increase understanding and support for the work of the war crimes chamber in BiH, where trials started later that year, thereby contributing to the process of truth and reconciliation.

The success of the new chamber for war crimes within the Court of BiH in facilitating essential reconciliation will rest not only on trials and judgements but also on the influence it has on Bosnia’s still ethnically divided and embittered community.

Sadly, public knowledge and press coverage of war crimes trials was haphazard. Lack of understanding of the theory and practice of war crimes justice left victims feeling ignored, vengeful and unable to come to terms with their traumatic experiences.

One of the major criticisms of the work done by ICTY was that it lacked sufficient contact with the population of BiH. Unfortunately, only in the closing years of its mandate, did it start explaining its work to those directly impacted by its trials.

In recognition of the need for public support in relation to the devolution of responsibility for war crimes prosecution from The Hague to BiH, BIRN in 2005 prepared journalists, media outlets and groups in civil society to understand and work with the WCC and the range of justice officials involved. Additionally, it facilitated dialogue between these groups and court officials, to make sure their interaction is as positive and fruitful as possible.

The president of the State Court of Bosnia and Herzegovina, Meddzida Kreso, under whose jurisdiction the war crimes chamber is placed, highlighted the importance of the media in the process at an event BIRN organised at the project’s outset:

“We would like to see objective coverage of future trials that does not demonise the suspects. We want a form of partnership that best informs the public about the process of justice in Bosnia and Hercegovina.”
With this in mind, BIRN ran an extensive training course for journalists and civil society workers from all over Bosnia and Herzegovina.

Editors seconded more than 30 journalists to BIRN with the goal of these reporters becoming regular court correspondents. As such, this highly successful training programme was pioneering. For the first time since the war, so-called “beat eporting”, whereby a reporter is encouraged to develop his or her expertise in a specific field, was reintroduced to the Bosnian media. To ensure this happened, participating editors gave BIRN assurances that graduates of the course would be tasked with covering that area only.

Within the same project, BIRN trained civil society and victims’ groups on the role of the war crimes chamber in the BiH State Court. In events organised throughout the country, participants obtained a thorough introduction to the chamber’s work, enabling them to digest and make sense of the complex legal processes and functions of this institution. The role of the media in representing their work was explained, as were ways to plan public relations strategies and access relevant officials.

A bilingual guide to the war crimes chamber was produced and distributed to key players, such as the court, the media and relevant NGOs and government organisations both in BiH and in the region.
The project’s culmination was a conference bringing together all participants – officials, legal professionals, media and civil society – to reflect on the transition and discuss future needs.

This project received the generous support of the Swiss foreign ministry, UNESCO media fund and USAID Media.



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