SARAJEVO, Bosnia-Herzegovina (CN) — Twenty-three years after war ended in the former Yugoslavia, thousands of war crimes and criminals still have not been investigated by prosecutors or brought before judges, and experts expect many suspects will never face trial.
The amount of unfinished work from the wars in the former Yugoslavia demonstrates how difficult, politically charged, time-consuming and frustrating it can be to bring to light crimes committed during a war and bring to justice those responsible.
“Sadly, the workload is such that there is no chance that all suspects will be prosecuted, not even most,” said Iva Vukusic, a Utrecht University historian and former analyst in the Special Department for War Crimes for Bosnia-Herzegovina’s prosecutor’s office.
That’s not to say that justice has not been fulfilled on many levels.
The war’s most complicated and high-profile cases — such as that against former Serbian President Slobodan Milosevic — were handled by the International Criminal Tribunal for the former Yugoslavia in The Hague. That tribunal indicted 161 people and convicted 90, including generals, politicians and commanders in the Balkan conflicts of the 1990s. The tribunal closed last December and transferred its remaining cases to the UN’s International Residual Mechanism for Criminal Tribunals and to state courts in the Balkans.
Mostly starting in the early 2000s, justice systems in the Balkans began handling war crimes against their own citizens.
Prosecutors in Serbia, Croatia and Bosnia have indicted more than 2,800 people and convicted more than 1,000, according to official records and experts. Thousands of cases remain under investigation and many crimes have not been prosecuted — and likely never will be.
“We will never know the number, but we are talking thousands, not hundreds (of war criminals) will walk free,” said Vladimir Petrovic, a historian at Boston University who worked on Yugoslav war crime prosecutions.
The risk that crimes will never be prosecuted appears largest in Serbia, where prosecutions have largely ground to a halt, according to experts.
This is hardly surprising: Serbia supported belligerents in wars in Croatia, Bosnia and Kosovo. Serbian leaders have repeatedly denied culpability and claimed that the international tribunal was biased against Serbs.
“Twenty-seven years after the wars in the former Yugoslavia started, there is little political will to continue the prosecutions,” said Nevenka Tromp-Vrkic, a lecturer at the University of Amsterdam who worked at the international criminal tribunal.
According to the Humanitarian Law Center, a Belgrade-based nongovernmental group monitoring Serbia’s work to process war crimes, Serbian prosecutors have made little progress.
Serbian prosecutors are investigating at least 2,530 cases, including many that relate to the war in Kosovo between 1998 and 1999, the Humanitarian Law Center said in a recent report.
Serbia has pledged to push ahead with prosecutions as part of its bid to become a member of the European Union. But indictments are few and far between. Between Dec. 1, 2017, and June 1, 2018 four indictments were filed, and three of them had been transferred from Bosnia, according to the Humanitarian Law Center.
Tromp-Vrkic said Serbia prosecutes its citizens only under political pressure from outside, in order to receive loans and as a condition to become an EU member. In signing the agreement that ended the war, the Dayton Agreement, the leaders of Serbia, Croatia and Bosnia also agreed to cooperate with the war crimes tribunal in The Hague.