From the Selimović Case to the Srebrenica Commission: The Fight to Recognize the Srebrenica Genocide

Abstract

The Srebrenica Commission was formed by the Republika Srpska government to investigate the events that occurred in and around Srebrenica in July 1995. The Commission was formed by a decision of the Human Rights Chamber (HRC) of Bosnia and Herzegovina. In its report, the Commission consisting of mainly Serb officials concluded that crimes were committed in Srebrenica, citing the Krstić Case at International Court of the Former Yugoslavia. It also provided locations of mass graves where the Bosnian Serb Army hid remains of victims from Srebrenica. The paper aims to research the Selimović et al. case at the HRC and its implications, including clarifying how truthful and correct was the Commission on locations of mass graves.

Notes

1. Karin Oellers-Frahm, “Restructuring Bosnia-Herzegovina: A Model with Pit-Falls”, Max Planck Yearbook of United Nations Law, Vol. 9, 2005, pp. 179–224. Max Planck Institute Comparative Public Law and International Law (http://www.mpil.de/shared/data/pdf/pdfmpunyb/oellersfrahm_9_179_224.pdf), accessed: 27 July 2012.

2. The Office of the High Representative (OHR) in B&H was created in 1995 immediately after the signing of the Dayton Agreement with the objective of overseeing the implementation of the Agreement. The OHR also served to represent the countries involved in the implementation of the Dayton agreement through the establishment of the Peace Implementation Council.

3. Annex 6—Agreement on Human Rights, the General Framework Agreement for Peace in Bosnia and Herzegovina, OSCE B&H ( http://www.osceB&H.org/dejtonski_mirovni_sporazum/BS/annex6.htm ), accessed: 25 July 2012.

4. Members of the Chamber were: Prof. Dr Ron Aybay (Turkey), Dr Hasan Balić (B&H), Mr Mehmed Deković (B&H), Prof. Dr Giovanni Grasso (Italy), Mr Andrew William Grotrian (UK), Mr Želimir Juka (B&H), Prof. Dr Viktor Masenko-Mavi (Hungary), Mr Jakob Möller (Iceland), Prof. Dr Manfred Nowak (Austria), Mr Miodrag Pajić (B&H), Ms Michèle Picard (France), Prof. Dr Vitomir Popović (B&H) Prof. Dr Dietrich Rauschning (Germany) and Mr Mato Tadić (B&H).

5. Article text taken from Constitution of Bosnia and Herzegovina—Commentary, Steiner-Ademović, Konrad Adenauer Foundation, 2010, p. 119.

6. Okončanje rada na predmetima bivšeg Doma za ljudska prava Bosne i Hercegovine i gašenje Aneksa 6 uz Opšti okvirni sporazum za mir u Bosni i Hercegovini, Constitutional Court of B&H (http://www.ccbh.ba/bos/press/index.php?pid=2181&sta=3&pkat=125&kat=123), accessed: 27 July 2012.

7.

During the period between March, 1996 and December, 2003, the Human Rights Chamber registered a total of 15,169 applications. Of 6,243 finalized applications, 2,619 were decisions of different nature—1,238 decisions on admissibility, 239 decisions on admissibility and merits or only on merits, 12 decisions on compensation for damages, 152 decisions on admissibility of requests for review, 9 revision decisions, 959 strike-out decisions and 10 decisions of other kind. As of 31 December 2003, there were 8,926 cases pending.

Human Rights Chamber Digest, 2004, p. 26, Quoted in Steiner-Ademović Constitution of Bosnia and Herzegovina—Commentary, Sarajevo: Konrad Adenauer Stiftung, p. 123.

8. Ibid.

9. “Srebrenica Case”—Selimović et al. against the Republika Srpska, Decision on Admissibility and Merits (7 March 2003. Web page of the Chamber: (http://www.hrc.ba/DATABASE/decisions/CH01-8365%20SREBRENICA%20Admissibility%20and%20Merits%20B.pdf). accessed: 31 July 2012. These 49 appeals are a part of 1800 appeals regarding the disappearance of persons in and around Srebrenica in July 1995.

10. “As far as the Chamber is aware”, p. 3.

11. Selimović et al., , op. cit., p. 3.

12. The report was created by the Documentation Center of the RS, Bureau of Government of the RS for Relation with ICTY in The Hague, in Banja Luka, September 2002.

13. The author of both reports is Darko Trifunović, a former employee of the Ministry of Foreign Affairs of B&H. Due to this report, in which he denies the genocide in Srebrenica, an invitation to give a lecture at the 11th European Police Congress held in January 2008 was withdrawn.

14. The Chamber had several sessions: on 4 June 2002, on 10 October 2002, on 3 December 2002, on 9 January 2003, on 5–6 February 2003, and on 3 March 2003. On 3 March 2003 the Chamber reached a Decision on Admissibility and Merits. Selimović et al., p. 4.

15. Selimović et al., op. cit. p. 29.

16. Ibid, p. 15.

17. An example of a quote states in the Chamber's decision:

It can be concluded that the mass grave in an open space along a road in combat areas were created for hygiene reasons for numerous soldiers killed in the combat. On the other hand, mass graves deep in forests are considered to be the ones which criminal wanted to hide. The exhumation site of ICTY is considered to be one of the examples of mass graves created for hygiene reasons. (page 17 of the Report, Selimović et al., op. cit., pp. 17–18)

18. Page 19 of the Report, quoted in Selimović et al., p. 18.

19. Selimović et al., op. cit., p. 30.

20. Furthermore, it states: “However, in these cases, the presumed victims of the Srebrenica events decided to go into the woods and then went missing without a trace” (Selimović et al., op. cit., p. 30).

21. Selimović et al., op. cit., p. 31.

22. Ibid, p. 32.

23. Ibid, p. 33.

24. Dayton General Framework Agreement, OHR (http://www.ohr.int/dpa/default.asp?content_id=375).

25. Selimović et al., op cit., p. 33.

26. This refers to subject-matter jurisdiction on the court's authority to decide a particular case.

27. Selimović et al., op. cit., p. 34.

28. This refers to the jurisdiction of a court over a proposed action in relation to the passage of time.

29. Selimović et al., op. cit., p. 35.

30. Ibid, p. 37.

31. The Chamber quotes part of the verdict in the Cyprus vs. Turkey, Unković vs. the Federation, and Palić vs. the RS cases.

32. Selimović et al., op. cit., p. 40.

33. Ibid, p. 42.

34. Ibid, p. 42.

35. Ibid, pp. 46–47.

36. Isabelle Delpla, Xavier Bougarel, and Jean-Louis Fournel, Investigating Srebrenica: Institutions, Facts; Responsibility, New York: Berghan Books, 2012, p. 138.

37. Ibid.

38. Vlada usvojila izveštaj o Srebrenici, B92, 11 June 2012. (http://www.b92.net/info/vesti/index.php?yyyy=2004&mm=06&dd=11&nav_category=11&nav_id=143224), accessed: 14 September 2012.

39. Komisiji za Srebrenicu još mjesec dana mandata, Radio Slobodna Evropa, 11 June 2004. (http://www.slobodnaevropa.org/content/article/822996.html), accessed: 13 September 2012.

40. Interview with Amor Mašović, 19 September 2012.

41. Smail Čekić, Meldijana Arnaut-Haseljić, and Bećir Macić, Mass Graves in Bosnia and Herzegovina—Safe Area of the United Nations Srebrenica, Sarajevo: Institute for Research of Crimes Against Humanity and International Law, 2010.

42. I. Delpla, Investigating Srebrenica, op.cit., p. 141.

43. Predsjednik RS: Srebrenica je sramota, Buka, 27 July 2011. The full text of the address (http://www.6yka.com/novost/2277/predsjednik-rs-srebrenica-je-sramota).

44. I. Delpla, Investigating Srebrenica, op.cit., p. 141

45. In his letter to Pero Bukejlović, the Prime Minister of the RS, on 5 August 2005, the High Representative reminds “that the Srebrenica Commission was not established by the OHR but as a result of the Chamber's demand. The OHR's involvement in this case was also the result of the specific Chamber's request.” Box no. 165.

46. I. Delpla, Investigating Srebrenica, op.cit., p. 141

47. Alija Ibišević et al. vs. Republika Srpska, Decision to Strike Out, case no. CH/01/7604. p. 3. HRC: (http://www.hrc.ba/database/decisions/CH017604%20Ibisevic%20StrikeOut%20B.pdf), accessed: 12 September 2012.

48. Ibid, p. 4.

49. Sulejmanović et al. vs. Republika Srpska. Case no. CH/02/9756. HRC: (http://www.hrc.ba/database/decisions/CH029756%20Sulejmanovic%20StrikeOut%20B.pdf), accessed: 12 September 2012.

50. Ibišević, Dissenting opinion of Mr Hasan Balić, p. 5.

51. The Commission for Investigation f the Events In and Around Srebrenica Between 10th And 19th July 1995 (http://trial-ch.org/fileadmin/user_upload/documents/trialwatch/Srebrenica_Report2004.pdf), accessed: 15 July 2015. The term genocide was not used in the report.