Ivo Josipović.pdf

Ivo Josipovic´ discusses the challenges Croatia faces in prosecuting war crimes before national courts, highlighting the country's transition from a war-torn society to a peaceful one and its aspiration to join the European Union. The International Criminal Tribunal for the former Yugoslavia (ICTY) plays a crucial role in establishing justice, rendering justice to victims, and determining historical truth, despite initial political opposition. The ICTY's work has helped define legal and ethical standards for democratic societies in the region and has contributed to the development of international criminal law. However, the existence of double standards for responsibility, with "ours" and "theirs" being treated differently, and the lack of readiness of national judiciaries to prosecute perpetrators, have hindered the administration of justice. The ICTY has enabled justice to be achieved, set new standards for responsibility, and induced national judiciaries to adjust their standards, leading to a rise in legal awareness and the quality of the judiciary. Nevertheless, public opinion research shows resistance to making the country's own perpetrators accountable, with accused compatriots often enjoying the status of public heroes. The doctrine of command responsibility is particularly important for raising awareness of responsibility for crimes, centering on those with real power who led to the commission of crimes through their decisions or omissions.