HaganJJusticeintheBalkan_24558-1

Introduction

  • Title: Justice in the Balkans: Prosecuting War Crimes

  • Author: John Hagan

  • Publisher: The University of Chicago Press, Chicago and London

  • Chapter Focus: Examines the investigation and prosecution of war crimes related to the Srebrenica massacre.

Chapter Five: The Srebrenica Ghost Team

  • Setting: Office of Jean-Rene Ruez at the Hague Tribunal

    • Purpose: Organized investigation into burial sites related to the Srebrenica massacre.

    • Chart: Detailed locations of burial sites and the types of evidence found (bodies, residues, bullets, etc.).

    • Significance of Watches: Used to help estimate the timing of executions based on evidence collected.

Jean-Rene Ruez

  • Background:

    • French police superintendent with a master's degree in law.

    • Personal history: German and French descent, early interest in war crimes due to language skills.

    • Change after Srebrenica: Transition from an optimistic person to one marked by stress and health issues.

The Ghost Team's Formation

  • Initial Challenges:

    • Relationship issues: Working under Dutch team leadership with inefficient collaboration.

    • Lack of support and resources from the tribunal in the early months.

  • Transgovernmental Collaboration:

    • Local police assisted in collecting witness statements from surviving refugees.

    • CIA provided aerial photographs showing mass executions and locations of victims.

Investigative Process

Early Investigation (1995)

  • Massacre Timeline:

    • The Srebrenica massacre began in mid-July 1995, coinciding with the tribunal's early indictments.

    • Ruez's investigation began shortly after the genocide.

  • U.S. Involvement:

    • John Shattuck, Assistant Secretary of State, helped to document survivor accounts and US intelligence provided photographic evidence.

Gathering Evidence

  • Exhumation Process:

    • Initial challenges included hostile locals and landmines; security issues persisted.

    • Survivors guided investigators to burial sites based on recollections of events.

  • Discovery of Grave Sites:

    • Significant finding of mass graves and the challenges of exhumation operations.

    • Evidence led to a clearer understanding of the events surrounding the genocide.

The Ghost Team's Dynamics

  • Membership Growth:

    • Initial small team expanded, fostering a sense of commitment and purpose.

    • The emotional impact and dedication formed strong ties among team members.

Challenges in Team Experience

  • Team Motivation:

    • Investigation satisfaction derived from teamwork and commitment to humanitarian law.

  • Alternation Experiences:

    • Significant changes for team members brought about a shared purpose and intense dedication to their work.

The Role of Drazen Erdemovic

  • Confession:

    • An invaluable eyewitness account; detailed participation in the Srebrenica executions.

  • Impact on Investigations:

    • Helped to confirm burial locations and detailed the structure of command.

  • Plea Bargain Controversy:

    • Discrepancies with U.S. plea bargain standards and tribunal's standards; transitioning towards accepting cooperation as evidence strength.

Exhumation and Legal Procedures

Challenges through 1996-1997

  • Slow Exhumation Progress:

    • Complex labor required in exhuming over 800 bodies, technical and security challenges persisted.

  • Best Practices in Forensic Work:

    • Creating a systematic, respectful unearthing of bodies was emphasized.

Gathering Documentation

  • Impact of Intelligence:

    • U.S. cooperation yielded documentation that informed the prosecution of war crimes.

  • Key Documentation:

    • Obtaining executable orders from Serb military commanders was crucial in understanding the genocide process.

Trial and Legal Proceedings

Krstic Trial (2000)

  • Importance of Procedure:

    • Courtroom dynamics reflected on the groundwork laid by the ghost team.

  • Key Testimonies:

    • Eyewitness accounts reinforced the systemic nature of the genocide.

  • Prosecutor's Argumentation:

    • Focused on establishing a clear chain of command and accountability for actions.

Verdict and Reflection

  • Outcome:

    • Krstic was convicted of genocide; the verdict emphasized the organized nature of the crimes.

  • Recognition of Teamwork:

    • Ruez's effort and the broader team’s work recognized as pivotal in achieving justice.

Conclusion

  • Human Toll:

    • The enduring impact of the crime on victims’ families portrayed through survivor testimonies.

  • Legacy of Srebrenica Investigation:

    • Combination of emotional, legal, and logistical efforts cemented a landmark case in international law.