Genocide denial also jeopardises the future

The High Representative Christian Schmidt for Bosnia and Herzegovina, Copyright photo: OHR
The High Representative Christian Schmidt for Bosnia and Herzegovina, Copyright photo: OHR
Bosnien und Herzegowina

"Those who cannot remember the past are condemned to repeat it" (George Santayana, Spanish philosopher, writer and literary critic). That is why, in 2021, the then High Representative Valentin Inzko declared the denial of genocide and other war crimes in Bosnia and Herzegovina a criminal offence.

Countries such as Germany and Rwanda have experience in this area, which is why the Office of the High Representative, the International Academy of the Nuremberg Principles, the transnational non-governmental organisation TRIAL International and IRZ, with the support of the British and Austrian embassies, held the conference "Criminalising Genocide Denial: Law, Accountability and Prevention" in Sarajevo on 24 and 25 September.

The conference, which was opened by the current High Representative Christian Schmidt, the Director of the International Academy of the Nuremberg Principles Prof. Dr. Christoph Safferling and the Permanent Representative of the German Ambassador Bernhard Abels, featured speeches by former ECtHR judge Prof. Dr. Angelika Nussberger, former Chief Prosecutor at the International Criminal Tribunal for the former Yugoslavia (ICTY) Dr. Serge Brammertz, former High Representative for Bosnia and Herzegovina Valentin Inzko, and, joining online from New York, former UN Special Rapporteur on the promotion of truth, justice, rehabilitation and non-repetition Prof. Dr. Pablo de Greiff.

One thing became particularly clear during these two days: denying war crimes constitutes a further injustice to the victims and survivors. It also creates a social and political breeding ground for the division of society through ethnically defined narratives, thus contributing to renewed destabilisation in post-conflict areas.

However, legal issues also need to be clarified when implementing criminal provisions. For example, when is a statement considered public and therefore punishable by law? As Germany has experience in this area, IRZ and the International Academy Nuremberg Principles are planning further joint activities to train prosecutors and judges in Bosnia and Herzegovina. These activities can then build on the findings of this event.

We would like to thank, among others, the following for their participation:

Catalysts of law

Participants from Bosnia and Herzegovina and experts in front of the IRZ building in Bonn
Participants from Bosnia and Herzegovina and experts in front of the IRZ building in Bonn
Bosnien und Herzegowina

The length of court proceedings is one of the key challenges facing many constitutional states. That is why the EU urges the Western Balkan candidate countries to speed up their court proceedings in its country reports.

However, delays in proceedings are only partly due to legal regulations. The active exercise of judicial power can also have a major impact on speeding up proceedings. The use of so-called “soft skills” in conducting negotiations can have a positive effect on the efficiency of proceedings.

In the opinion of IRZ and its long-standing partner in Bosnia and Herzegovina, the Centre for the Training of Judges and Prosecutors of the Federation of Bosnia and Herzegovina (CEST FBIH), German negotiation practice offers many ideas in this regard. That is why our joint activities are currently focusing on active and effective judicial negotiation. Of particular note here is a study visit for young Bosnian judges to Cologne and Bonn in July. In addition to theoretical training, the visit included visits to the regional courts in Cologne and Bonn to gain a direct impression of the practical work involved. The participants were particularly impressed by the active conduct of the proceedings by the German judges and the collegial relationship between the lawyers involved in the proceedings.

One participant summed up the visit in a post on LinkedIn: “We felt part of a community committed to the rule of law.”

Workshop on German law for German speakers

The participants of workshop in Belgrade
The participants of workshop in Belgrade
Western Balkans region

At the end of 2024, German-speaking (junior) lawyers and language mediators from Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia, who had already taken part in various internships, language courses and courses on German law organised by the IRZ, discussed current topics in German law and the participating countries at the Institute for Comparative Law in Belgrade.

The aim of the workshop, which was conducted entirely in German, was not only to strengthen the legal knowledge of the alumni, but also to improve their ability to exchange ideas in German on legal issues and to network with each other.

The participants themselves also gave presentations on topics such as the legal requirements for the EU accession sought by the partner states in the Western Balkans and comparative legal presentations on German law and the law of the region. Other priorities were constitutional law and legal training for trainee lawyers in Germany on the occasion of the 75th anniversary of the Basic Law.

The extensive programme of events was interspersed with entertaining elements such as a quiz on German law and the presentation of a birthday cake for the Basic Law, which was accepted by the Deputy Head of Mission of the Embassy of the Federal Republic of Germany in Serbia, Mr Carsten Meyer-Wiefhausen.