Revision of the verdict against Serbia is a matter of justice, not politics; Izetbegović should not decide alone

The revision of the verdict is a legal remedy available in the proceedings before the International Court of Justice in the case between Bosnia and Herzegovina and Serbia. Ten years ago, it was known that we would reach a position where we could use this legal remedy, so intensive work should have been done during this period to collect new legal facts that would strengthen the previous lawsuit and create preconditions for initiating a new procedure – says Dr. Goran Kovačević, professor at the Faculty of Criminology at the University of Sarajevo, for the BH News Agency Patria.

This is not about a political game but about a 'purely legal situation, so in my opinion, there is no need to raise any political, ethnic, or other tensions that disrupt normal life in Bosnia and Herzegovina,' adds Dr. Kovačević.

When asked why all 'eyes are focused' on the BiH agent before the International Court in The Hague, Professor Sabik Softić, and the member of the Presidency of BiH Bakir Izetbegović, and whether two people, Softić as a lawyer and Izetbegović as a politician, can decide on such important matters, Dr. Kovačević says that a wrong picture is being created in society when talking about the revision of the verdict.

- This is not about the will of two people, but about the existence or non-existence of legally relevant facts that supplement the previous lawsuit – says Dr. Kovačević.

- However, as far as I have noticed, there is a kind of pressure from various political entities on Mr. Izetbegović to sign the consent for the revision of the verdict, and the relevant 'demands' are more in the realm of politicking and the fight for the position of the first Bosniak, rather than a genuine pursuit of justice. In the way the situation around the revision of the verdict has been presented in the media, Mr. Izetbegović has found himself in an unenviable position because the focus is placed on the emotional dimension of this procedure, while the legal aspects are almost not discussed at all. From a legal standpoint, there are several entities that should have actively participated in collecting material for initiating a new procedure. Certainly, the Agent of Bosnia and Herzegovina, the Liaison Officer in The Hague, as well as the Institute for Research of War Crimes in Bosnia and Herzegovina, had an obligation to work actively. I hope the aforementioned have considered all aspects related to the revision of the verdict and offered Mr. Izetbegović a clear picture of whether there is a basis for initiating this procedure or not. We can talk about politics here in only one case: if there are relevant legal facts for initiating the revision of the verdict, giving or not giving consent is a political decision that Mr. Izetbegović will stand behind. In the opposite situation, where there are no new facts, initiating the revision procedure would be a reflection of the political immaturity of all involved – believes Dr. Kovačević.

The 2007 verdict states that the army and police of Republika Srpska are responsible for the genocide in Srebrenica. Serbia was punished because it did not prevent genocide. The RS has not recognized such a decision of the Court in The Hague all this time. The National Assembly of Republika Srpska even recently awarded convicted war criminals, including Krajišnik, Karadžić, Plavšić... Now, the RS is threatening with major problems in the country if BiH initiates the revision of the verdict against Serbia. Wouldn't it also be in the interest of the authorities in the RS to revise the verdict, or rather, isn't it in their interest to try to prove their innocence? Why are the authorities from Banja Luka so energetically protecting Belgrade?

- The politicking to which politicians in BiH are prone allows for such behavior, where they try to gain national points in a cheap way while simultaneously consolidating their positions in power. I think it is more about strengthening and proving their own national identity and justifying years of wrong moves, rather than about actual support from Banja Luka for Belgrade – believes Dr. Kovačević.