Press Releases:

February 9, 2007

ICTJ Report Addresses Legacy of Conflict in Croatia

Emphasizes Need to Balance National and Regional Approaches to Transitional Justice in the Former Yugoslavia

FOR IMMEDIATE RELEASE

CONTACT
Suzana Grego
Director of Communications
TEL +1 917 703 1106
E-MAIL sgrego@ictj.org

NEW YORK, February 9, 2007-The International Center for Transitional Justice (ICTJ) today released Croatia: Selected Developments in Transitional Justice, the latest in its case study series on transitional justice in the former Yugoslavia. Available in both Croatian and English, the report is being distributed widely at the "Conference on Establishing Truth after Armed Conflict", taking place February 8-9 and hosted by regional NGOs Documenta, the Humanitarian Law Center, and the Research and Documentations Center.

"This report identifies some crucial opportunities that Croatia has missed to restore dignity to countless victims who suffered wartime violations," said Caitlin Reiger, head of the ICTJ's former Yugoslavia program and editor of the report. "But it also points to an increasing momentum to find more meaningful ways to engage with these unresolved legacies and suggests steps that Croatia should take to do so, particularly as it nears EU accession and as the ICTY's mandate draws to a close."

The report assesses how various transitional justice initiatives have fared in helping Croatia to address its wartime legacy. The following are among the report's main findings:

• International Prosecutions: The report describes the relationship between the International Criminal Tribunal for the former Yugoslavia (ICTY) and Croatia as "tense and marred by Croatia's resistance to the prosecution of some of its senior army officers". It also details factors that have contributed to the general public perception of the ICTY as "anti-Croat".

• Domestic Trials: The report found that the Croatian judicial system has made significant advances in its willingness and capacity to deal with crimes committed during the war. For example, specialized chambers to handle war crimes cases have been created and transfers have been provided for in highly-charged cases endangered by local court bias. But there are still no coherent witness protection programs and claims of ethnic bias in local proceedings are still commonplace.

• Truth-seeking Efforts: Despite robust efforts by NGOs and independent media outlets, it appears that the government has made little to no effort to expose and raise awareness about crimes committed against non-Croats. The official narrative about Croatia's role in the war remains premised on patriotism and nationalism.

• Reparations: Croatia has focused heavily on addressing violations of property rights as they relate to refugee return, instituting measures to encourage property restitution and reconstruction. However, government policies for dealing with occupancy/tenancy rights holders have been problematic and heavily criticized by regional rights groups.

• Memorials: According to the report, all but one of the several memorials in Croatia have been constructed in honor of Croat victims and as tributes to "victory in the ‘homeland war'", rather than as public monuments depicting shared responsibility for the war.

• Vetting and Institutional Reforms: No formal vetting procedures have been established to deal with individuals alleged to have committed past abuses who still hold public office. The report found that the general absence of civic trust has been aggravated by an under-representation of ethnic minorities in the judiciary, police, and armed forces.

"While it has made progress in some areas, more than 10 years after the war, Croatia must do much more to address its troubled legacy," said Reiger, who is attending the conference along with colleagues from the ICTJ's Brussels office. "If it takes certain concrete steps to face its past, Croatia could set a positive example for the rest of the region, while at the same time strengthen prospects for peace and confidence in its institutions."

The report was written by ICTJ consultants Thierry Cruvellier and Marta Valiñas. It is the Center's third case study on transitional justice in the former Yugoslavia.

For more information about transitional justice in the former Yugoslavia, access to past publications, and details about the ICTJ's work, go to www.ictj.org. To access the full report, Croatia: Selected Developments in Transitional Justice, click on (English version) or (Croatian version).

Transitional Justice in the Former Yugoslavia

Although the conflict in the former Yugoslavia has ended, tensions in the region remain high. Nationalism and economic stagnation continue to haunt the former republics and some of the most notorious war criminals indicted by the ICTY are still at large. At the same time, there have been signs of increased commitment to accountability and transitional justice, visible in the increasing number of domestic war crimes trials and discussions about complementary truth-telling mechanisms, and increasing attention paid to the issues of reparations, institutional reform, and memorials.

About the ICTJ

The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved.

In order to promote justice, peace, and reconciliation, government officials and nongovernmental advocates are likely to consider a variety of transitional justice approaches including both judicial and nonjudicial responses to human rights crimes. The ICTJ assists in the development of integrated, comprehensive, and localized approaches to transitional justice comprising five key elements: prosecuting perpetrators, documenting and acknowledging violations through non-judicial means such as truth commissions, reforming abusive institutions, providing reparations to victims, and facilitating reconciliation processes.

The Center is committed to building local capacity and generally strengthening the emerging field of transitional justice, and works closely with organizations and experts around the world to do so. By working in the field through local languages, the ICTJ provides comparative information, legal and policy analysis, documentation, and strategic research to justice and truth-seeking institutions, nongovernmental organizations, governments and others.