Developing Bosnia and Herzegovina's Capacity to Process War Crimes Cases Critical Notes on a 'Success Story'

This article provides an assessment of the initiatives aimed at developing the capacity of national courts in Bosnia and Herzegovina (BiH) to conduct war crimes cases, with particular focus on the International Criminal Tribunal for the former Yugoslavia and the Court of BiH. It critically examines both formal and informal mechanisms implemented in order to enhance the capacity of BiH courts and legal professionals to investigate, prosecute, defend and try cases for war crimes, and assesses its main strengths and weaknesses. This article advocates three interrelated claims. First, it submits that there are significant difficulties in terms of coherence, coordination and sequencing of capacity development initiatives. Second, it suggests that efforts are too focused on the transfer of knowledge or skills to individuals, and do not pay enough attention to the institutional context and culture in which these individuals work. And finally, it argues that the greatest contribution to local capacity made by the international community, and in particular the ICTY and the Court of BiH, has been connected to certain aspects of their institutional design. In particular, their contribution to the enhancement of local capacity has largely taken place through the information transferred to the local legal system through the sending of files, the horizontal collaborative relationships developed between the relevant professionals, and the institutional incentives towards having local courts process cases of war crimes. This article concludes, then, by advocating a shift in the focus of existing capacity development and institution-building efforts in post conflict situations.