On 11 July, designated by the United Nations as the International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica (the Day of Reflection), the International Bar Association (IBA) - the global voice of the legal profession - considers the significance of justice and legal accountability as the 21st century presents numerous challenges to humanity, the rule of law and adherence to international humanitarian law and international human rights law.
IBA President Jaime Carey, commented, 'It can be said that remembering the history of past crimes can help prevent such atrocities from happening in the future, so having commemorative and reflective days like these are important. Our focus in the IBA is always the rule of law and the defence of judicial independence. The genocide in Srebrenica is a sombre example of a criminal act that eventually resulted in those responsible being tried and convicted under the due process of law.'
This year, the Day of Reflection marks the 30th anniversary when, within just a few days of 11 July 1995, approximately 8,000 men and boys - mostly Bosniaks (Bosnian Muslims) - were rounded up, murdered and buried in mass graves in Srebrenica, eastern Bosnia by Bosnian Serb forces, led by General Ratko Mladić. Tens of thousands of people were also displaced from their homes. Although the area had been designated as a UN-protected 'safe area' in April 1993, Bosnian Serb forces hostile to that designation took control over it and the massacre ensued.
Despite overwhelming evidence and the official ruling by international courts of the murders as a genocide, some people - particularly among certain segments of the Serbian population - have persistently attempted to minimise, deny or justify the events that took place in July 1995. It is for this reason, in 2024, that the UN General Assembly designated 11 July a day of commemoration to raise awareness and censure the war crimes that took place in 1995.
In response to the numerous conflicts in the Balkans in the 1990s, the International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 to address serious violations of international humanitarian law. Specifically, it was set up to prosecute individuals responsible for war crimes, crimes against humanity and genocide committed during the breakup of Yugoslavia. Its establishment was a significant step towards upholding international law and preventing impunity for those who committed grave crimes during the conflicts.
After almost two decades in hiding Mr Mladić was brought before the ICTY in The Hague and charged with murder, persecution, forcible transfer and war crimes. He was found guilty and sentenced to life imprisonment in the Netherlands where he remains.
In 2004, the ICTY ruled that the mass killing in Srebrenica constituted genocide. A statement published on 19 April 2004, from the ICTY Appeals Chamber Judgment in the case of Prosecutor v Radislav Krstić, said, 'By seeking to eliminate a part of the Bosnian Muslims, the Bosnian Serb forces committed genocide'. This finding was upheld by the International Court of Justice (ICJ) in 2007. Though separate entities, the ICTY and the ICJ collaborated under the auspices of the UN to bring justice for the victims.
IBA Executive Director Dr Mark Ellis stated, 'I studied in the former Yugoslavia for three years during the mid-1980s and then worked there during and after the war. The Srebrenica massacre was one of the darkest chapters in modern European history and was pivotal in the development of modern-day international justice. On this day, special attention should be placed on the survivors, particularly the Mothers of Srebrenica, who have steadfastly advocated for accountability and remembrance, honouring the memory of those who died.'
The effects of the Srebrenica genocide and ethnic cleansing still reverberate today as another special court is established: The Special Tribunal for the Crime of Aggression against Ukraine.
