A Comparative Study of War Crimes Prosecutions by Bosnia and Herzegovina and Serbia

Abstract

This paper contrasts the diverging war crimes prosecution efforts of Serbia and of Bosnia and Herzegovina with the aim of determining which factors played a role in the radically different outcomes, and to what extent. It will measure three elements: the effect of international incentives, structural judicial challenges, and ethnic composition, in order to establish which element played the most prominent role in the strikingly lower effectiveness and efficiency of war crimes prosecutions by Serbia in comparison to Bosnia and Herzegovina. The findings suggest that ethnic composition has the strongest influence over the degree to which war crimes prosecutions are pursued, and that this can consequently determine the effectiveness of international incentives. These findings will allow for a better understanding of the success of past post-conflict criminal prosecutions. This enhanced understanding will in turn inform future war crimes prosecutions and help shape measures that could be taken to mitigate the destructive effects of the most prominent spoiling components.