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Abstract: The big-picture issues at the crossroads of peacemaking, peacekeeping, and peacebuilding were taken up by the Security Council in September 2010, under the presidency of Turkey. Leading up to that discussion, Turkey held numerous bilateral consultations, and, with the support of IPI, organized an expert meeting on these issues in New York in May 2010 and an informal retreat in Istanbul for members of the Council in June 2010.
This publication is intended to document some of that process, and includes the Statement by the President of the Security Council, the outcome summary of the June retreat, and the set of papers that were presented there. Three of these papers draw lessons from the UN’s experiences in different areas of the world (Afghanistan, the Balkans, and the Great Lakes region of Africa), and one paper analyzes cross-cutting themes.
Table of Contents:
Introduction, Francesco Mancini
Security Council Istanbul Retreat: At The Crossroads of Peacemaking, Peacekeeping, and Peacebuilding
Adam C. Smith and Vanessa Wyeth, Rapporteurs
Peacemaking In Afghanistan: A Role For The United Nations?
The Security Council And Peacekeeping In The Balkans, 1992-2010
Richard Gowan and Daniel Korski
The Great Lakes of Africa (Burundi, The Drc, And The LRA-Affected Areas)
Composite Paper on Cross-Cutting Themes
International Peace Institute
Statement by the President of the Security Council
Abstract: The mandate, established in 2004 by the Commission on Human Rights and extended in 2007 by the Human Rights Council in resolution 6/32, has provided a good basis for the Representative to build on the excellent work of his predecessor, Francis Deng. The nature of his mandate has allowed the Representative to benefit from privileged access, broad support and partnerships with United Nations institutions, member States, civil society and other stakeholders. It has been critical that the Representative has succeeded in linking the mandate to a broader international context inclusive of peace processes, humanitarian assistance and development, natural disasters and climate change. After discussing the achievements and activities of the mandate during the tenure of the present Representative of the Secretary-General on the human rights of internally displaced persons, the report identifies progress made as well as major challenges remaining, which relate to the human rights of internally displaced persons.
Abstract: When the Security Council established the ICTY and ICTR to prosecute mass
atrocities, its motivation was clearly stated in the preambles to Resolutions 827 and 955:
it was—and I quote—“determined to put an end to such crimes and to take effective
measures to bring to justice the persons who are responsible for them.” The Council was
“convinced that in the particular circumstances [of the former Yugoslavia and Rwanda
respectively] the prosecution of persons responsible for serious violations of international
humanitarian law would enable this aim to be achieved and would contribute to the
process of national reconciliation and the restoration and maintenance of peace.” The
Council set out its belief that establishing such international tribunals would “contribute
to ensuring that such violations are halted and effectively redressed.” From the outset,
these goals were fundamental to the mandates of the international judicial institutions that
While neither ICTY nor ICTR were intended to be permanent institutions, neither of the
courts’ mandates specified an end date for their work. As discussions progress in
meetings such as this one about how the tribunals should complete the tasks the Council
has assigned them, it is important to reflect on the underlying conceptual framework that
drove those original commitments and to ensure that new decisions preserve the positive
legacies that have been built over the past 15 years. It is worth noting that this will
require input from the constituencies that have been the subject of the tribunals’ work.
Abstract: Nations in Transit 2009 is the 13th edition of Freedom House’s comprehensive,
comparative study of democratic development from Central Europe
to Eurasia. It examines 29 countries, including the newest independent
state in the region, Kosovo. The overarching conclusion is that 2008 was a very
difficult year for democracy: scores declined for 18 of the 29 countries, and a record
8 countries are now in the “consolidated authoritarian regimes” category. Worrying
trends highlighted in the previous three editions of Nations in Transit became even
more pronounced in 2008, while positive trends lost momentum.
A number of events illustrate the intensification of these negative trends. In
2008, for the first time in the 21st century, a war erupted between two states covered
in Nations in Transit. The so-called “August War” between Georgia and Russia served
as a wake-up call for those who believed that the democratic decline observed in
the region over the last few years would not have a detrimental effect on security
and stability. Highly problematic elections accentuated the region’s troubles. Two
petro-states, Azerbaijan (which recorded the largest democratic decline in this
edition of Nations in Transit) and the Russian Federation, held uncompetitive
presidential elections in which the result was predetermined. Armenia’s presidential
poll was marred by lethal postelection violence. And the government in Georgia
used administrative resources to seriously influence that country’s hotly contested
presidential and parliamentary elections. Nations in Transit 2009 documents
how journalists were once again at risk throughout the region, from Croatia to
Uzbekistan, and national governments were challenged by corruption scandals, as
was the case in Bulgaria; by divisive ethnic politics, as in Bosnia and Herzegovina;
by parliamentary boycotts, as in Montenegro; or by infighting and outright
irresponsibility among political leaders, as in Ukraine.
Abstract: The Security Council today extended the terms of the judges serving on the United Nations war crimes tribunals set up to deal with the 1994 Rwandan genocide and the Balkan conflicts of the 1990s, so they can complete remaining cases by the deadline set for the courts’ work.
The Council, in two separate resolutions that were adopted unanimously, urged both tribunals “to take all possible measures to complete their work expeditiously,” and expressed its determination to support their efforts in this regard.
The so-called “completion strategy” of the International Criminal Tribunal for the former Yugoslavia (ICTY), which is based in The Hague, requires it to finish trials of first instance by 2009, and then start downsizing in 2010.
Among the decisions taken today, the Council extended the term of office of eight permanent judges at the ICTY and 10 ad litem, or temporary, judges until 31 December 2010, or until the completion of the cases to which they are assigned.
In addition, the Council decided, on the request of the President of the ICTY, that the Secretary-General may appoint additional temporary judges to complete existing trials or conduct additional trials.
Abstract: Data shows that the family context, otherwise a synonym for protection and safety, in some situations becomes
a source of violence and violation of fundamental human rights. It is known that domestic violence usually
occurs when there is a need to gain and maintain dominance and control over another human being. All the data
obtained in the course of this research show that women are the primary victims of family violence, and also
suffer other forms of violence outside the home.
The United Nations Declaration on the Elimination of Violence against Women describes violence against women
as a “manifestation of historically unequal power relations between men and women”. At the same time, violence
is one of the “crucial social mechanisms by which women are forced into a subordinate position compared with
Although domestic violence in Montenegro, just like anywhere else in the world, violates many rights protected
by international human rights conventions and also constitutes a violation of domestic laws, one of the biggest
obstacles in recognising family violence as a violation of human rights is the belief that “personal” bodily injuries
and emotional distress suffered within one’s family are not subject to any law, be it domestic or international.
This is also one of the biggest obstacles to victims seeking help and protection.
Considering the fact that in such a social environment we see a willingness on the part of women to seek
and receive help, the results obtained are highly relevant for understanding gender-based violence. As for
domestic violence in Montenegro, defined as a pattern of abuse and use of force including threats, isolation and
intimidation, the use of firearms deepens the issue of violence considerably, posing a direct threat to the life
of the victim, and to her physical and mental integrity. Since it is men who mostly own arms, and judging by the
statements of battered women that it is their husbands, partners, brothers and sons who threaten them with
weapons, women are paying a high price for the presence of firearms in the home.
Violence against women involving the use of firearmsis not an inevitable phenomenon, but a result of tolerance
of, and leniency and towards the issue, which is part of Montenegrinhistoric and cultural patterns. No matter
what the social context of domestic violence and violence against women may be like, the presence of weapons
always has the same effect – the more weapons there are, the more danger to women they pose. Montenegrin
society has some serious issues to tackle in order to prevent the abuse of small arms and to curb the culture
of armed violence, which is, considering the current situation (vis-a vis the presence of arms in Montenegrin
homes) a highly complex task. The reasons for this lie in the immediate destructive effect of the use of firearms
in violent behaviour, as well as in the socialisation effects of such patterns, which may have a trans-generational
character as role models for behaviour.
Awareness of the fact that armed violence poses a risk to life and health, and that the family context in which it
happens does not reduce this risk, should be a high priority issue when considering strategies for the reduction
of civilian possession of small arms. The pattern of keeping armed violence within the boundaries of family
secrets and the traditional role of women as their guardians means that responses to violence necessitate help
both for the victim and for the perpetrator. In order to develop such awareness in Montenegrin society there
needs to be proper victim protection mechanisms in order to develop a sense of safety and trust in society’s
response to domestic violence. Protection mechanisms would function most effectively if they operate within
a multi-sectoral approach and involve various forms of protection from the police, the judiciary, and social and
health care sectors at the same time as activities aimed at changing public attitudes and prejudices upon which
many patterns of behaviour concerning the possession, carrying and use of arms are based.
Abstract: The Security Council today called on the United Nations war crimes tribunals dealing with the 1994 Rwanda genocide and the Balkans conflicts of the 1990s to conduct their trials as quickly and efficiently as possible, and pledged to support their efforts to complete their work.
The 15-member body noted with concern “that the deadline for completion of trial activities at first instance has not been met and that the Tribunals have indicated that their work is not likely to end in 2010,” in a statement read out by Ambassador Neven Juric of Croatia, which holds the Council Presidency for the month of December.
Abstract: Le Conseil de sécurité a demandé vendredi aux États, en particulier ceux où des fugitifs sont soupçonnés de vivre en toute liberté, d'« intensifier encore leur coopération » avec le Tribunal pénal international pour l'ex-Yougoslavie (TPIY) et le Tribunal pénal international pour le Rwanda (TPIR).
Dans une déclaration lue par le président du Conseil pour le mois de décembre, Neven Jurica (Croatie), le Conseil leur demande également de fournir aux deux Tribunaux « toute l'aide nécessaire, en tant que de besoin », en particulier aux fins de l'arrestation et de la remise à ceux-ci de « tous les accusés encore en fuite ».
Le Conseil se dit « préoccupé de constater que la date limite fixée pour l'achèvement des procès de première instance n'est pas respectée » et que les Tribunaux ont indiqué qu'ils avaient peu de chances d'achever leurs travaux en 2010. Il souligne que « les procès doivent se dérouler avec la plus grande rapidité et la plus grande efficacité possibles ».
Abstract: A Survey and Analysis of Border Management and Border Apprehension Data from 20 States.
With a Special Survey on the Use of Counterfeit Documents.
Based on the contributions of the border services of 20 Central and Eastern European states, the 2006 Yearbook again provides its valuable overview and analysis of irregular migration trends in the region. Over the past ten years the annual Yearbook on Illegal Migration, Human Smuggling and Trafficking in Central and Eastern Europe has come to be regarded as an authoritative source of information on recent border trends and in particular on the phenomena of illegal migration, human smuggling and trafficking. The annual Yearbook covers the most recent trends in illegal migration and human smuggling in the region, including long-term trends in border apprehensions, shifts in source, transit and destination countries, demographic characteristics of irregular migrants, the relationship between legal and illegal border crossings, new developments in the methods of border crossings and document abuse and on removals of irregular migrants. In addition, this year’s edition for the first time features a Special Survey on the use of counterfeit documents for illegal migration purposes. This Survey is based on the contributions received from document specialists or Special Units dealing with document security in the countries under review and provides the first comprehensive overview and analysis of patterns and trends in the use of counterfeit documents for illegal migration purposes in Central and Eastern Europe.
Abstract: At the Berlin Congress of 1878, Montenegro was recognized as a
country. Back then Montenegro was the twelfth country in Europe and
the twenty-seventh in the World, and as such it remained until 1918
when it ceased to exist as an independent country and became part of the
Kingdom of Serbs, Croats and Slovenes. There is no need to talk about
what it meant for Montenegro at that time and what a great loss it was.
The reason why Montenegro lost its sovereignty back then, was not the
fact that it was incapable of preserving it, or the fact that it was unable to
bear the responsibility in the appropriate manner an internationally
recognized country should; but because that was in the best interest of
the Western Powers, which won the First World War, and which strived
to support their ally Serbia in any possible way.
Nowadays, after almost a century, Montenegro is once more on its way
to restoring its sovereignty. In May 2006, its citizens may themselves
decide by referendum (which will follow standards set by the EU)
whether they want to live in union with Serbia, or choose to live in their
own independent country, like their ancestors did. Will the same
feeling of patriotism, a feeling that has never actually ceased, appear
again, but this time stronger and bigger than ever? Will Montenegro
become again an internationally recognized country, with its identity and
all the attributes that characterize a modern country? It is expected, since the people of Montenegro have waited long enough for this opportunity,
guaranteed by both the Constitution and the Constitutional Charter that
was passed three years ago.
It is high time, but also the right time for this issue to be finally resolved.
It is time to let the people of Montenegro decide whether they want to
continue living in union with Serbia, or restore their sovereignty and
have Montenegro as an internationally recognized country once again.
Nowadays, many people ask the question: what is the reason for
Montenegro’s desire for independence and separation from Serbia, while
Europe strives for integration? The answer is more than simple.
Montenegro also strives for its integration in the European Union, but as
an independent country, in the same way Czech Republic, Slovakia,
Slovenia, Croatia and other countries have recently done.
Abstract: The origins of this article, and the book from which it derives, lie in
the largely unanticipated end of the Cold War in 1989-90, when I had
the good fortune to be a William C. Foster Fellow at the U.S. Arms
Control and Disarmament Agency (ACDA). This fellowship included
serving as a member of the U.S. Delegation to the Negotiations on
Confidence- and Security-Building Measures (CSBMs) within the
context of the (then) Conference on Security and Cooperation in Europe
(CSCE), based in Vienna, Austria. The CSCE, now the OSCE, is the
world’s pre-eminent regional peace and security organization
comprising former enemies of the Cold War (NATO and Warsaw Pact)
and the neutral and nonaligned of Europe.
The end of the Cold War provided opportunities and challenges for
reshaping international peace and security into a “New World Order” in
which the former Cold War foes could collaborate on global problemsolving
to the benefit of all. Having become aware of the CSCE’s
contribution to ending the Cold War (see Leatherman, 2003) as part of
the experience of serving as a diplomat on the U.S. Delegation to the
CSBMs Negotiations, I was intrigued by the possibility that the CSCE
could play a useful role in realizing this goal of a “New World Order.”
Regrettably, the end of the Cold War also provided opportunities for
parts of Europe, particularly the Balkans, to descend into brutal
Abstract: More than any other region, over the past fifteen years Southeast Europe
has both reflected and impacted the broader state of transatlantic, and in
particular United States-European Union, relations. During this period,
the level of U.S. focus and engagement in region has waxed and waned.
Strong American focus and leadership have alternated with
disengagement and deference to EU initiatives according to a four- to
five-year cycle. Without fully reversing the current decade’s dynamic of
“Europeanization”, the past year has seen a resurgence of U.S. activism.
The extent and duration of this latest pendulum swing will depend on
developments both inside and outside the region.
Abstract: As the recent commemoration of Srebrenica has put in stark contrast,
over the past decade the EU has evidently come a long way in defining,
implementing and upholding its strategic vision for the Balkans.
Handling the independence of Croatia and Slovenia was not the heyday
of European policy coordination with the naiveté of the Dutch
government eager to take the credit for solving the post-Yugoslav crisis
in its presidency and the Franco-German wariness. In the early days of
Eastern enlargement Paris had insisted on multilateral regionalism as a
model for stabilisation, whereas Bonn favoured bilateral conditionality.
Conversely, in the Balkans France banked on individual solutions,
whereas Germany opted for regional holistic strategies. Additionally,
European coherence was hampered by the standoff between those
rejecting post-Yugoslav federal constructions and those offering national
self-determination. Between 1995 and 1999 Europe has mastered a steep
learning curve – from the ethnocentric and dysfunctional Dayton model
to the more realistic and workable Ohrid model, from the adhockery of
the Bosnian conflict to the concerted conflict-management in Kosovo
and Macedonia five years later. In 1999, in the immediate aftermath of the Kosovo War, the
International Community laid out its strategic principles and objectives
for the Western Balkans region, five in total (not necessarily in this
order): • regionalism, multilateral relations and the instigation of regional
• conditionality as the bilateral basis for status vis-à-vis the EU and
access to preferential treatment;
• separation of the agendas of integration, transformation and
• the European perspective; and
• standards before status.
The European principle of regionalism was enshrined in the June 1999
Stability Pact for South Eastern Europe. After drawing some heavy fire
in 2001-2002, the Stability Pact has now scaled down its ambitions,
prioritised its objectives and found its niche in the international
framework for Kosovo and the Balkans. The principle of regionalism,
however, by and large lost out to conditionality.
Abstract: Armed violence data gathering systems in SEE countries vary in quality and coverage of the population. No single
country embodies best practices by itself. In existing research, because of the lack of continuous monitoring,
data has sometimes been generated by research that attempts to recover information on armed violence
retrospectively. Different methods for doing this offer differing degrees of reliability; analysis of media reports
and perceptions surveys offer an important substitute for continuously gathered data, but are unreliable for a
number of reasons. Other studies have been obliged to recover data from past records, which were not designed
for storing data specifically on armed violence. In other cases, individual institutions have conducted their own
data gathering, and have supplied useful fragments of a comprehensive picture of the problem. The conclusion of this report offers a starting point for those SEE countries that wish to develop a system through
healthcare providers to monitor armed violence. Following the approach of the WHO to injury prevention, it would
be possible to build a system in each country that would adequately monitor the level of armed violence and
identify the social determinants of the problem. If regional countries wish to harmonise their data collection
systems, a collaborative consultation involving all stakeholders (particularly those operating the system, and
those wishing to use the resulting information) would be an appropriate next step.
Abstract: The International Court of Justice’s docket increasingly
includes fact-intensive cases in which the Court must focus on
more than legal questions because the outcomes of the cases
depend on a detailed assessment of the facts. Examples of
such cases include Armed Activities on the Territory of the Congo
(Democratic Republic of Congo v. Uganda) (the Armed Activities
case) and the more recent judgment in Application of the
Convention on the Prevention and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Serbia and Montenegro).
In the Armed Activities case, the Court dealt with a wide
range of complex, highly factual issues. These issues related,
inter alia, to the Democratic Republic of Congo’s (DRC’s) assertions
that Uganda violated the prohibition on the use of
force and the principle of non-intervention by engaging in
military and paramilitary activities against the DRC, occupying
the DRC’s territory, and supporting irregular forces operating
there. The DRC further claimed that, in violation of international human rights and humanitarian law, Uganda had both
committed acts of violence against the DRC’s nationals and
their property and failed to prevent such acts by people under
its control. Finally, the DRC alleged that Uganda had violated
rules governing respect for sovereignty over national resources
and rules of occupation by looting, plundering, and illegally
exploiting the DRC’s assets and wealth.
In highly fact-intensive cases such as these, the Court must
untangle the exact sequence of events, identify the actors involved,
and make factual and, ultimately, legal determinations. For instance, in Armed Activities the Court had to assess
whether Ugandan forces were in the DRC, under what mandate,
and at what point in time. This task was further complicated
in Armed Activities by the fact that the deliberations on
the merits began before hostilities had concluded. The character
of these fact-intensive cases is fundamentally different
from that of the Court’s more traditional cases, such as territorial
disputes, where legal issues are clear-cut and involve many
of the same elements. In these cases, “it is not so much the facts that are disputed as the conclusions to be drawn from
The Court considers itself well equipped to engage in
complex factual determinations and has on occasion referred
to its very specific and fact-based findings as being “noteworthy.”
A close reading of Armed Activities challenges this view,
revealing that the Court fails to engage in independent fact assessment. Most strikingly, the Court accepts as proven facts
that are drawn from secondary evidence, in particular from
United Nations (UN) reports. Furthermore, the Court does
not articulate a clear standard of proof according to which it
might weigh the evidence presented by the parties, making its
factual findings difficult to disentangle from its legal conclusions.
Abstract: This bulletin contains information about Amnesty International’s main concerns in Europe and
Central Asia between July and December 2007. Not every country in the region is reported on; only
those where there were significant developments in the period covered by the bulletin, or where
Amnesty International (AI) took specific action.
A number of individual country reports have been issued on the concerns featured in this bulletin.
References to these are made under the relevant country entry. In addition, more detailed
information about particular incidents or concerns may be found in Urgent Actions and News
Service Items issued by AI.
This bulletin is published by AI every six months.
Abstract: The fifteenth annual report of the International Criminal Tribunal for the
Former Yugoslavia covers the period from 1 August 2007 to 31 July 2008.
During the reporting period, the Tribunal continued to adopt concrete measures
aimed at increasing the efficiency of trial and appeal proceedings. For the first time
in the history of the Tribunal, eight trials were conducted simultaneously by the three
Trial Chambers, including three multi-accused trials involving 18 accused. In
addition, the Appeals Chamber issued a record number of decisions, including six
judgements in the past year and three in the last six months.
Proceedings before the Tribunal focused on the most senior-level individuals
accused of the most serious crimes. All low- and mid-level accused have been
referred back to the courts of the region pursuant to rule 11 bis.
The Tribunal also hosted an increasing number of working visits and training
programmes for courts in the region in order to ensure the preservation of its legacy
through the prosecution of war crimes cases by domestic courts. Serge Brammertz was appointed Prosecutor in January 2008, replacing Carla
Del Ponte. He concentrated his efforts on securing the arrest of the remaining
fugitives. Stojan Župljanin and Radovan Karadžić were arrested and transferred to
the seat of the Tribunal in June and July 2008, respectively. The failure to arrest the
remaining two fugitives, Ratko Mladić and Goran Hadžić, remains of grave concern
to the Tribunal.
The Office of the Prosecutor strengthened its relations with prosecutors and
courts in the region through training sessions, conferences and seminars. The Office
of the Prosecutor also worked closely with the governments of the States of the
former Yugoslavia in order to improve their relationships with the Tribunal.
The Registry continued to play a crucial role in the provision of administrative
and judicial support. During the reporting period, the Registrar, under the authority
of the President, also assisted in the identification of residual issues, including
possible residual mechanisms. The Registry continued negotiations for the relocation
of witnesses and enforcement of sentence agreements, successfully concluding three
The Outreach Programme carried out a diverse range of activities with a view
to increasing the profile of the Tribunal and bringing its judgements to the relevant
communities. Court Management Services supported 12 trials and maintained all
relevant documentation. The Victim and Witnesses Section assisted numerous
witnesses and accompanying persons in The Hague and continued its work in
relocating protected witnesses. The Office of Legal Aid continued to support the assignment of Defence
Counsel to accused at the Tribunal. It also addressed requests to facilitate the selfrepresentation
of high-profile accused.
The Human Resources Section recruited 76 staff in the Professional and higher
categories and 124 General Service staff. The section oversaw the administration of a
total of 1,146 staff members.
To date, the Tribunal has concluded proceedings against 114 accused out of the
161 indicted. The report that follows details the activities of the Tribunal during the
reporting period and illustrates the Tribunal’s unwavering commitment to meeting
the completion strategy targets without sacrificing due process.
Abstract: Le quinzième rapport annuel du Tribunal pénal international pour l’ex-
Yougoslavie couvre la période comprise entre le 1er août 2007 et le 31 juillet 2008.
Au cours de la période considérée, le Tribunal a continué d’adopter des
mesures concrètes pour accroître l’efficacité des procédures en première instance et
en appel. Pour la première fois dans l’histoire du Tribunal, les trois Chambres de
première instance ont mené huit procès de front, dont trois procès à accusés
multiples concernant 18 accusés. En outre, la Chambre d’appel a rendu un nombre
record de décisions, notamment six arrêts, dont trois au cours des six derniers mois.
Le Tribunal a concentré son action sur les principaux responsables des crimes
les plus graves. Tous les accusés de rang intermédiaire ou subalterne ont été déférés
aux autorités des pays de l’ex-Yougoslavie en application de l’article 11 bis du
Règlement de procédure et de preuve (le « Règlement »).
Le Tribunal a également organisé un plus grand nombre de visites de travail et
de programmes de formation au profit des magistrats des juridictions de l’ex-
Yougoslavie pour préserver son héritage et permettre à ces juridictions de poursuivre
les auteurs de crimes de guerre.
En janvier 2008, Serge Brammertz a été nommé Procureur du Tribunal,
remplaçant à ce poste Carla Del Ponte. Il s’est employé avant tout à obtenir
l’arrestation des accusés encore en fuite. Stojan Župljanin et Radovan Karadžić ont
été appréhendés et transférés au siège du Tribunal en juin et juillet 2008. Le fait que
les deux autres fugitifs, Ratko Mladić et Goran Hadžić, n’ont pas encore été
appréhendés demeure très préoccupant.
Le Bureau du Procureur a renforcé ses liens avec les parquets et les juridictions
nationales grâce à des programmes de formation, des séminaires et des conférences.
Il a également travaillé en étroite collaboration avec les autorités des pays de l’ex-
Yougoslavie afin d’améliorer les relations entre celles-ci et le Tribunal.
Le Greffe a continué de jouer un rôle essentiel en fournissant au Tribunal un
appui administratif et judiciaire. Au cours de la période considérée, le Greffier s’est
employé, sous l’autorité du Président, à identifier les fonctions résiduelles du
Tribunal et à réfléchir aux structures qui pourraient les remplir. Le Greffe a
également continué de mener des négociations en vue de la conclusion d’accords
concernant la réinstallation des témoins et l’exécution des peines. Trois nouveaux
accords ont été conclus.
Le Programme de sensibilisation a mené un grand nombre d’activités visant à
mieux faire connaître le Tribunal et ses décisions aux communautés de la région. La
Section d’administration et d’appui judiciaire a préparé et organisé 12 procès en
première instance et a enregistré et conservé tous les documents du Tribunal. La
Section d’aide aux victimes et aux témoins a apporté son soutien à de nombreux témoins et accompagnateurs venus à La Haye et a continué d’oeuvrer à la
réinstallation des témoins protégés.
Le Bureau de l’aide juridictionnelle et des questions liées à la détention a
continué de régler les questions concernant la commission de conseils de la défense.
En outre, il a dû répondre aux demandes d’accusés connus ayant choisi d’assurer
eux-mêmes leur défense.
Durant la période considérée, la Section des ressources humaines a recruté 76
administrateurs ou hauts fonctionnaires et 124 agents des services généraux. Elle a
supervisé l’administration d’un total de 1 146 fonctionnaires.
À ce jour, 114 accusés sur 161 ont été définitivement jugés par le Tribunal. Le
présent rapport décrit en détail les activités que le Tribunal a menées au cours de la
période considérée et montre que le Tribunal est fermement résolu à respecter les
échéances fixées par la stratégie d’achèvement de ses travaux sans pour autant
sacrifier les garanties de procédure.
Abstract: Radovan Karadžić, the former Bosnian Serb leader, was arrested by the Serb authorities in July 2008 and then transferred to the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, where he remains in custody awaiting trial. Questions answered include: 1. What charges does Karadžić face? 2. Why will Karadžić’s trial take place in The Hague instead of Bosnia-Herzegovina? 3. When will the trial begin and how long will it last? 4. Karadžić has said he wants to defend himself rather than be assisted by lawyers. Can he indeed do so? 5. Who are the judges and prosecutors? 6. Is the ICTY hearing any cases other than that of Radovan Karadžić? 7. What will happen to the trial if former General Ratko Mladić is also extradited to the Tribunal? Could Radovan Karadžić and Ratko Mladić be tried together? 8. The trial of Slobodan Milošević lasted for more than four years and ended with Milosevic’s death, before the court reached a verdict. How can the court avoid a similar scenario? 9. Some say that the ICTY is due to close down in 2010. What happens to the trial if it is not completed by then? 10. Who pays for the operation of the court? How much does it cost a year?
Abstract: The author provides a short history and a general overview of the situation and trends in the three
most vibrant and resilient sectors of organized crime in the Western Balkans – illicit drugs, weapons,
and human trafficking – and aims to assess the government’s efforts (or the lack of it). The author
provides also recommendations for the future. He concludes that the three main sectors of organized
crime activities – trafficking in drugs, human beings, and weapons – are intertwined, and all three are
deeply embedded in the pervasive culture of corruption in the region and that there is no
comprehensive strategy to address the problem, neither locally, nor in the EU, although organized
crime in the Western Balkans is widely recognized as the main threat against stability in the region
and in Europe.
Abstract: Selon de nombreux observateurs, le pan-albanisme représente une menace sérieuse pour la stabilité des Balkans. Cent ans de frontières fluctuantes ont largement contribué à la dispersion des Albanais de souche à travers les Balkans: Kosovo, Serbie, Monténégro, Macédoine et Grèce. L'Armée de Libération du Kosovo (ALK), l'Armée Nationale de Libération (ANL) en Macédoine et d'autres groupes ont tous eu recours à la violence pour mieux faire valoir les droits des communautés albanaises. Mais jusqu'où vont leurs ambitions?
Les recherches d'ICG suggèrent que la notion de pan-albanisme est beaucoup plus nuancée et complexe que ne le laissent transparaître les portraits approximatifs dépeignant habituellement les Albanais comme étant simplement focalisés sur la création d'une Grande Albanie ou d'un Grand Kosovo. Il est instructif de s'apercevoir que le soutien populaire dont ont commencé à bénéficier l'ALK et l'ANL, respectivement au Kosovo et en Macédoine, est concomitant à l'abandon de leurs visées initiales nationalistes pan-albanaises au profit d'une revendication pour que leur propre peuple dispose de plus de droits. En appelant ouvertement à la création d'une "Grande Albanie", l'Armée Nationale Albanaise (ANA) n'a jamais réussi à s'octroyer une véritable crédibilité populaire. L'usage de la violence pour servir la cause d'une Grande Albanie ou celle de n'importe quelle expansion territoriale n'est pas plus politiquement populaire que moralement justifié.
Abstract: Les organisations de défense des droits de l’homme et les associations qui luttent contre l’impunité dans les Balkans rendent public aujourd’hui un manifeste commun pour s’élever contre le projet de fermeture prématurée du Tribunal Pénal pour l’ex-Yougoslavie (TPIY) avant que les principaux criminels de guerre aient été jugés.
Abstract: A report issued today [29 May 2008] by the United Nations Office on Drugs and Crime (UNODC) concludes that the Balkans have become a low-crime region after the turmoil of conflict and violence that resulted from the process of post-communist transition and the break-up of Yugoslavia. "The vicious circle of political instability leading to crime, and vice versa, that plagued the Balkans in the 1990s has been broken", said the Executive Director of UNODC Antonio Maria Costa. Yet, he warned, "the region remains vulnerable to instability caused by enduring links between business, politics and organized crime".
Abstract: Since its inception, the ICTJ has supported the work of the International Criminal Tribunal for the former Yugoslavia (ICTY). In 2002 then ICTJ President Alex Boraine testified at the unprecedented sentencing hearing in 2002 for Biljana Plavsic, former President of Republika Srpska. Boraine noted the importance of Plavsic's guilty plea and her acknowledgment of responsibility, but questioned her decision not to take the extra step of testifying about the roles of other senior Serb officials in committing war crimes. On February 12, 2002 the Trial Chamber of the ICTY began to hear the case against former Yugoslav President Slobodan Milosevic. The case marked the first time a head of state faced charges of genocide and crimes against humanity in an international court. It also offered a dramatic public history lesson on the catastrophe that engulfed Yugoslavia in the 1990s. To enable transparency and the widest possible audience for the trial, the ICTJ and the Human Rights Project at Bard College created an internet-based archive of the audio and video of the trial. The archive allows cross-referencing and easy movement across segments of the trial video. It is also linked to a physical archive of broadcast-quality digital videotapes of the trial, fully open to use by researchers, students, broadcasters, and members of the public. While the death of Milosevic in March 2006 meant that the ICTY was unable to issue a verdict in his trial, the case uncovered a substantial amount of documentary evidence and witness testimony that now forms part of the public record.