War Crimes Department: A Stepping Stone for Serb Prosecutors, a Penal Battalion for Others!

By: Amina Čorbo-Zećo

The news that state prosecutor Dubravko Čampara has been removed from the "coup d'état" case, in which an investigation is being conducted against Milorad Dodik, Nenad Stevandić, and Radovan Višković, and that he has been transferred from the Organized Crime Department of the BiH Prosecutor's Office to the War Crimes Department, has reopened old wounds. The first question is why the War Crimes Department is used as a penal battalion, so that everyone who has 'sinned elsewhere' ends up there?

Because, for years, the War Crimes Department of the BiH Prosecutor's Office has been criticized for selectivity in filing indictments. Analyzing the work of certain prosecutors, we arrive at a disturbing pattern in which it seems that certain judicial cadres advance within the system by filing indictments almost exclusively against members of the Army of RBiH. This certainly applies to Chief Prosecutor Milanko Kajganić, who, it seems, shamefully but truthfully, was 'pushed' into the position of Chief Prosecutor by the indictment in the Dobrovoljačka case. It is precisely he who is now sending other prosecutors to this department, and they seem to be doing nothing there, which might be Kajganić's goal.

Because, while prosecutors from the Serb ethnicity are celebrated with indictments against members of the Army of RBiH and the Ministry of Internal Affairs of RBiH, others are sleeping or waiting for the final resolution of their fate in judicial waters. There, I remind you, Dijana Kajmaković and Oleg Čavka also ended up before Čampara. They did not achieve fame with indictments.
However, names like Miroslav Janjić, Milanko Kajganić, Mladen Vukojičić, Vedrana Mijović, and Marijana Čobović are gaining fame thanks to cases such as Naser Orić, Atif Dudaković, and others, Čemerno, Dobrovoljačka...

Within Bosniak judicial cadres, there is a noticeable lack of proactive action in advocating for the principles of impartiality and fairness. Without a clear strategy and joint approach, Bosniaks in the judiciary are often marginalized, while key decisions are made without their significant influence.

This brings us to Milorad Dodik's false claims that the BiH Prosecutor's Office is "Muslim." The following data refutes him. Apart from Džermin Pašić, no leading position related to case work belongs to Bosniaks. The Chief Prosecutor, Head of the Corruption Department, Head of the Economy Department, Head of the Terrorism Department, Head of the Registry, Head of Drivers and Fleet, Head of Finance, Classified Information Officer, Head of Investigations, two Deputy Heads of Investigations - these are all positions not held by Bosniaks.

One of the key factors enabling this situation is the passivity of Bosniak political, judicial, and social structures. The lack of a unified strategy in protecting the interests of Bosniaks in the BiH judicial system has led to a situation where decisions are made without adequate reaction and resistance. Bosniak elites are often divided, and instead of joint institutional action, judicial institutions are left to individual interests and external influences.

This practice seriously undermines citizens' trust in the BiH judicial system. If the filing of indictments is perceived as a means of career building, rather than as a result of impartial legal analysis and fair approach, then there can be no talk of the rule of law. Furthermore, the selective approach to war crimes, even after the fiasco with the Hague list, clearly indicated the direction things were heading.
The War Crimes Department of the BiH Prosecutor's Office remains under suspicion that the prosecution of war crimes is being used as a political and career weapon.

It is necessary to establish a transparent and fair system that will not allow selective justice, because such an approach contributes neither to justice nor to stability in Bosnia and Herzegovina. Decisions made by prosecutors must be based solely on facts and evidence, not on political or other secondary motives.

And there have been such admissions, like that of prosecutor Vladimir Simović, who admitted in court that he filed the indictment in the Čemerno case (Džemal Hadžić et al.) on the order of the National Assembly of Republika Srpska. He has never been held accountable for this!?

It is indeed urgently necessary for individuals in the judiciary to take responsibility and adopt a more proactive stance in protecting the principles of equality and fairness. Without an adequate institutional response, such practices will continue, leaving long-term consequences for justice and social stability.