Prosecutor Brammertz Visits Bosnia and Herzegovina

Mr. Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals (Mechanism), visited the Republic of Bosnia and Herzegovina (BiH) from 23 to 25 September 2024, as part of preparations for his regular biannual report to the UN Security Council (UNSC).

The Prosecutor had high-level discussions with the Minister of Justice, Davor Bunoza, the Acting President of the Court of BiH, Minka Kreho, and the Chief Prosecutor of BiH, Milanko Kajganić, concerning war crimes processing in BiH and regional cooperation. He also met with the High Judicial and Prosecutorial Council (HJPC), representatives of victim associations and members of the diplomatic community.

Prosecutor Brammertz and Minister Bunoza discussed the critical role the Ministry of Justice must play in improving regional cooperation in war crimes justice. Prosecutor Brammertz explained the situation with the approximately 500 persons suspected or indicted for war crimes committed in BiH who now reside in other countries in the region, predominately Croatia and Serbia. He updated that he had obtained the agreement of Croatian and Serbian authorities that such cases should be transferred as a matter of priority, and that the transfer of such cases in the investigative phase would be welcome. Prosecutor Brammertz encouraged the BiH Ministry of Justice to provide its political and technical support to this process, including by allocating sufficient ministerial resources. He further encouraged the Ministry to engage more with issues regarding requests for assistance in war crimes cases to other countries in the region, including the significant backlog of requests pending in Croatia.

Minister Bunoza confirmed his commitment to European integration, which for the Ministry means supporting war crimes justice as an essential part of the rule of law and the reconciliation process. He briefed on the domestic registration of judgements issued by the ICTY and Mechanism. He further confirmed that he would engage with his counterpart ministers in the region to support regional cooperation in war crimes justice. The Mechanism Office of the Prosecutor (OTP) was also requested to assist BiH authorities with ensuring accountability for war criminals who have fled outside the region, and Prosecutor Brammertz confirmed this is also a priority for his office. It was agreed that operational cooperation between the OTP and Ministry would be strengthened to further improve international cooperation on war crimes matters.

Prosecutor Brammertz and Acting President Kreho discussed the transfer of confirmed indictments against unavailable accused to countries in the region. Acting President Kreho expressed her appreciation for Prosecutor Brammertz’ support on this issue. She further welcomed the HJPC’s conclusions that this process should move forward as a matter of priority and explained that the Court of BiH would work expeditiously in this regard. Prosecutor Brammertz congratulated the Court of BiH for concluding nearly 700 war crimes cases since its inception, which is an exceptional track record from both a regional and global perspective.

Prosecutor Brammertz and Chief Prosecutor Kajganić discussed the transfer of war crimes investigations against unavailable suspects to countries in the region and the status of war crimes processing in BiH. Prosecutor Brammertz recognized the results achieved by the Prosecutor’s Office of BiH (PO BiH) in recent years, noting in particular Chief Prosecutor Kajganić’s decision to prioritize completing investigations in complex cases. Chief Prosecutor Kajganić expressed his deep appreciation for the assistance provided by the OTP to the PO BiH, including by responding to requests for evidence, providing direct case assistance and preparing detailed investigative dossiers. He confirmed that the OTP’s support has been and continues to be vital to the work of the PO BiH. Prosecutor Brammertz and Chief Prosecutor Kajganić agreed to continue strengthening cooperation between their offices to achieve more justice for more victims from all communities.

This visit to Sarajevo concludes the missions to the region by Prosecutor Brammertz, who earlier this month travelled to Croatia, Serbia and Montenegro.

Prosecutor Brammertz will present his next report to the UNSC later this year.