Turning a blind eye: domestic prosecution of war crimes, crimes against humanity and genocide : (case study of Croatia)

Abstract

After acquiring the status of European Union candidate country in June 2004, Croatia started its negotiation process in early 2006. Among chief issues of importance for the completion of the accession process is the prosecution of the perpetrators of war crimes, crimes against humanity and genocide in an efficient and unbiased way. Based on the analysis of nine cases against members of Croatian forces and civilian authorities before the Croatian County Courts in the period from 2005-2008, the present paper will explore how far the Croatian judiciary and the Prosecutor's Office have been willing and able to prosecute these crimes and deal with them in proceedings which are in accordance with the international law. Even though some improvements have been made over the course of years, this paper will argue that these trials were not conducted in such a manner as to bring perpetrators to justice and therefore have not contributed to the process of dealing with the past. This paper will conclude that these Courts have yet to accomplish internationally acceptable standards for the prosecution of perpetrators of war crimes, crimes against humanity and genocide.