Speeches Archive
Ambassador Clint Williamson, addresses a full house at the Research and Documentation Center in Sarajevo
June 14, 2007
Thank you very much, Mr. Tokaca for your warm welcome. Indeed, it is a pleasure to speak here at the library of the Center for Documentation and Research; I am a strong supporter of the excellent work your organization has done over the years, and it is an honor to be here with you today.
This is my second trip to Sarajevo in my current capacity as Ambassador-at-Large for War Crimes Issues, but I have had many other occasions to visit this city and Bosnia over the years. I first came to Sarajevo in November 1990 as tensions were rising throughout former Yugoslavia, but at a time when, for most people, war was still unthinkable. At that time I could not have imagined that in only four years I would be working as a prosecutor at the International Criminal Tribunal for Yugoslavia in The Hague and would be conducting investigations of war crimes in Croatia and Bosnia. I could not imagine that my next visit to Sarajevo would be to a city under siege in which its citizens were being gunned down in the streets. I could not imagine that I would be interviewing witnesses to the murder of innocent civilians in Zvornik by Arkan’s paramilitary thugs. I could not imagine that I would participate in the exhumation of mass graves in Sanski Most. But most of all, I could not imagine the terrible suffering that would be endured by the people of Bosnia in the following years. The legacy of those years still hangs heavily over your country, and addressing that legacy and the problems associated with it is still a priority for the United States government and for my office in particular.
The United States is the only country in the world that maintains a position at the ambassadorial rank that focuses solely on war crimes. This fact illustrates the importance my government places on these issues. My responsibilities are global; I deal with the various Tribunals as well as on-going conflicts in Africa, Asia, and the Middle East, from Sierra Leone to Rwanda, Iraq and Cambodia. Among all these, the Former Yugoslavia, and Bosnia-Herzegovina in particular, has always deserved special attention.
Your country is now at a cross-roads. The decisions your politicians and leaders take will determine whether you will join the Euro-Atlantic community and become a full member of its institutions, or slip down into further hardship and conflict. Today I would like to talk with you about these challenges – about Bosnia’s past, its present, and its future, and specifically the fact that your future depends, to a large extent, on what you make of your past.
In February, the International Court of Justice confirmed what we all knew, that the crime of genocide occurred in Srebrenica in 1995 when the Army of Republika Srpska overran the UN Safe Area. Among all the horrible crimes committed during the 1992-1995 war, this crime, more than any other, has haunted Bosnians and the international community ever since. There can be no denial of the awful tragedy that claimed the lives of more than 7,000 Bosniak men and boys.
Those who would manipulate this tragedy for their political benefit are not honoring the dead, but compounding the suffering of their loved ones. What your country needs today is reconciliation. Your countrymen today, and future generations, need leaders to make this effort. Reconciliation does not betray the past, it honors the future.
Part of that requires erecting judicial and law enforcement institutions, for reconciliation does not mean suspending the work of justice. It is inexcusable that Ratko Mladic and Radovan Karadzic, whom the ICTY has charged with the Srebrenica genocide, still elude capture. They must be brought to justice.
I welcome the recent apprehension of fugitive Zdravko Tolimir. This is an important step toward justice for your country and the region. The circumstances surrounding his capture suggest that, with political will, fugitives can readily be found. This responsibility extends to all the countries of Southeast Europe, but, as the ICJ verdict made clear, it is particularly important that Serbia take steps to apprehend ICTY fugitives on its territory. Apprehension of the remaining ICTY fugitives is essential for the region to move forward. It must be part of a broader effort to come to terms with what happened during the war and why.
A large part of this effort involves reconciliation. To be successful, it cannot be pursued solely at the political level, but also at the individual level – however difficult that may be. Reconciliation does not mean forgetting; it does not diminish the legitimacy of past suffering or the importance of memory. My government has been a strong supporter of establishing the Srebrenica-Potocari Memorial. As philosopher George Santayana noted, “Those who cannot remember the past are condemned to repeat it.”
And because we do not want to repeat the past we do not want to wallow in it. As Winston Churchill observed, “if we open a quarrel between past and present, we shall find that we have lost the future.”
So I should tell you that my government has become increasingly concerned by the political environment here over the past year. The nationalist rhetoric we hear from some of your leaders sounds troublingly similar to words from the destructive past. Bosnia-Herzegovina’s future cannot be built on grievance and hatred. Past suffering should not be used to score political points. It is easy to prey on people’s fears. It is harder to achieve solutions to address those fears and to reconcile and rebuild a society. Part of the solution must come from credible and fully functioning domestic law enforcement and judicial institutions. Without adequate judicial and law-enforcement institutions, there cannot be justice and reconciliation.
Since its founding, the ICTY has played a leading role in providing justice to the region. It has convicted 53 individuals of genocide charges, war crimes, or crimes against humanity. This includes the 2001 conviction of Radislav Krstic for participating in genocide in and around Srebrenica in 1995. Having worked at The Hague for seven years, I can personally assure you that the United States continues to support the ICTY’s efforts to complete its mandate successfully, especially through the apprehension of Mladic and Karadzic. We played a leading role in establishing the ICTY in The Hague in 1993 and have consistently been the Tribunal’s strongest backer, both financially and politically.
At the same time, the existence of the Tribunal cannot be open-ended. According to the current timeline, trials in The Hague are scheduled to end by 2008 and appeals by 2010. As the ICTY completes its work, the focus will shift from international judicial institutions to domestic ones. In fact, this transition is already underway. Bosnia-Herzegovina has already tried a number of cases that originated at the ICTY.
The State Court has an impressive record. Marko Saradzija was convicted of crimes against humanity after trial and sentenced to 26 years incarceration. Nikola Kovacevic, Dragan Damjanovic, and Nikola Andrun were all convicted of crimes against humanity or war crimes. Not only did the Bosnia-Herzegovina appellate panel uphold the conviction of Nedo Samardzic for crimes against humanity, the appeals panel raised his sentence, from 13 to 24 years in prison.
The war crimes caseload is expected to grow, and the responsibility for ensuring that justice is done will ultimately rest solely with your domestic legal and law enforcement institutions. The burden will fall particularly hard on the State Prosecutor’s Office and the State Court. It is critical to your country’s future that they have the capacity to meet this challenge. From this perspective, Chief Prosecutor Jurcevic and Court President Kreso have two of the most important and toughest jobs in all of Bosnia-Herzegovina. They and their institutions deserve political and public support.
My government takes special pleasure in the fact that we have helped you in facing this challenge. Since 2003, the United States has been the largest donor to the State Court and State Prosecutor’s Office. We have donated over $13.5 million to help Bosnia and Herzegovina build and run the War Crimes Chamber and the Organized Crime section. We will continue to be your partner and strong ally in this endeavor – through financial support and by providing American judges, prosecutors and other experts to the State Prosecutor’s Office and the Court. Bosnia-Herzegovina’s political leaders must now do their part.
There is a lot your political leaders can do to turn their rhetorical concern about war crimes prosecutions into tangible assistance. They can provide additional resources from the State budget necessary to increase the number of investigators, prosecutors, and judges dedicated to war crimes cases. They can increase funding for the Court’s victim support programs. They can build the capacity of your law enforcement institutions, particularly the State Investigation and Protection Agency, to investigate war crimes cases. And they can fund the construction of a maximum security State Prison to house its dangerous criminals.
The recent escape from custody of Radovan Stankovic, who had been convicted of crimes against humanity and sentenced to 20 years imprisonment, dramatically highlights the need for a State Prison. The international community and the Bosnian government have been discussing the State Prison project for some time, but it is clear that we must find practical solutions to this problem in the near-term. You cannot wait until ideal conditions exist.
Likewise, politicians have a moral responsibility to help heal the wounds of this country and promote cooperation between all of Bosnia-Herzegovina’s ethnic groups. I am deeply disappointed that some politicians are today choosing to manipulate war crimes issues for political gain, and encourage divisive nationalist feelings instead of building trust and cooperation. This threatens the fabric of your society and your ability to build a shared future.
For example, some politicians are interpreting, even distorting, the ICJ decision to suit their political agendas. This is dangerous and destructive. This is not how wounds heal, it is how they fester. You must resist this temptation; this is not an indulgence you can afford
Let me be clear about the legal impact of the ICJ decision. The decision focused on whether the government of Serbia was responsible for the genocide at Srebrenica. The ICJ found that the government of Serbia violated its obligations under the genocide convention by failing to prevent genocide and by failing to transfer Mladic to the ICTY. That was the extent of this verdict. The decision did not address the territorial structure of Bosnia and Herzegovina, and cannot be used as a legal basis for changing that structure.
However, the ICJ decision underscores the need to invigorate domestic efforts to bring those responsible for Srebrenica to justice. Investigations are underway that we hope will ultimately lead to convictions. We expect the Republika Srpska Ministry of Interior to cooperate with the Prosecutor’s office. We also expect the RS government to address concerns people have about individuals on the “Srebrenica List” who may still be holding positions of public trust. But, in order for the investigators and prosecutors to make substantial progress on Srebrenica-related cases, or any other war crimes case, they must be allowed to perform their jobs. Political pressure and the manipulation of war crimes prosecutions for political ends will only serve to undermine the important work that is already underway.
I therefore urge political leaders to support the State Prosecutor’s efforts to develop a war-crimes prosecution strategy. This should be an urgent priority, given the sheer number of those who may be eventually accused of a crime, which some say ranges from 12,000 to 13,000, and the time required to investigate, indict, prosecute and convict individuals. A prosecution strategy would help to identify what the judicial process can and cannot accomplish. This strategy would also provide the public with a lens for assessing the State Prosecutor’s work. Most importantly, it would insulate war crimes investigations and prosecutions from political pressure. All criminal cases, but particularly war crimes case, should be investigated and tried based on their merits, not based on politics.
Bosnia’s citizens, especially war crimes victims and their advocates, must also adopt a realistic and constructive approach to domestic justice. There are limits to how much the judicial process can achieve. The process is long and the results are sometimes unsatisfying. A reliable and just system must prove the culpability of perpetrators of atrocities. Victims must also guard against those who seek political gain by exploiting their suffering.
Justice and reconciliation also can be furthered through non-judicial means. Our host this afternoon, the Center for Research and Documentation, has done an outstanding job in this regard. The Center has set a high bar, preserving historical memory and facing the recent tragic past in an objective, dignified manner – documenting facts and dispelling myths. Mirsad’s organization sets an important example of how strong domestic institutions, which includes NGOs, can foster true reconciliation. The U.S. is a proud supporter of the Center.
Ladies and gentlemen, I will be blunt. Bosnia and Herzegovina is at a cross-road. Your country has made much progress, but it is not yet irreversibly on the road to Euro-Atlantic integration. Bosnia-Herzegovina’s political leaders, with assistance from the international community, must work together to build functional and efficient state-level institutions. Your leadership must make the difficult but essential decisions necessary for your country to join NATO and the EU. They must also work together to foster reconciliation and establish justice. Most importantly, the process should be free from manipulation and political calculation. These goals cannot be achieved separately, but must be pursued together.
I believe in Bosnia-Herzegovina’s bright future. You are building state level institutions. You have concluded technical negotiations for a Stabilization and Association agreement with the European Union. You have joined NATO’s Partnership-for-Peace. You are trying and convicting individuals accused of war crimes in your courts. We will hopefully soon see the apprehension and trial of Mladic, Karadzic, and the remaining fugitives. The United States has been your partner in all this and we are committed to working with you to accomplish even more.
However, to move forward, you must confront the past openly and resist the temptation to misuse your country’s recent tragic history for short-term and narrow ethnic political purposes. You must build trust amongst each other and continue to invest in capable, transparent, and efficient law enforcement and judicial institutions. You must provide a safe, secure and just environment for the victims of the past. Do not let the legacies of your country’s tragic past haunt your future. Move your country forward and ensure a bright future for the next generation of Bosnians.
Thank you for giving me the opportunity to speak with you today. At this point, I am happy to open the floor up to any questions.