Criminal Prosecutions of Foreign Terrorist Fighters in Bosnia and Herzegovina
Book information
Description
From 2014 to 2022, 35 individuals were prosecuted before the Court of BiH for criminal offenses related to terrorist activities on foreign battlefields. While a handful of independent and investigative media outlets have reported on the issue of foreign terrorist fighters (FTFs) and related criminal legal processes in BiH (e.g., BIRN, 2020abc), there are no academic or expert studies on judicial responses to the crimes of FTFs. Hence, this publication will: analyze criminal cases related to the departures and activities of FTFs (as of June 2022), meaningfully compare legal practices in selected European judiciaries with practices in BiH, and provide recommendations for policymakers and practitioners. 1. INTRODUCTION 13 2. FOREIGN TERRORIST FIGHTERS: A CONCEPTUAL UNTANGLING OF THE PHENOMENON 17 3. METHODOLOGY 23 3.1. Data Collection 23 3.2. Data Analysis 24 4.1. The Court, the Prosecutor's Office, and the Defense 27 4.2. Defendants 33 4.2.1. Gender of defendants 33 4.2.2. Age of defendants 38 4.2.3. Marital status of defendants 40 4.2.4. Education level of defendants 41 4.2.5. Employment status of defendants 42 4.2.6. Criminal history of defendants 43 4.2.7. Organizational affiliation of defendants 45 4.2.8. In-group authority of defendants 46 4.2.9. Role played by defendants 47 4.3. Substantive Law 48 4.3.1. Criminal offense 48 4.3.2. The question of prosecuting atrocity crimes 60 4.4. Procedural Law 67 4.4.1. Prosecution witnesses 67 4.4.2. Defense witnesses 74 4.4.3. Prosecution evidence 76 4.4.4. Defense evidence 85 4.4.5. Comparative practice on the admissibility of evidence 87 4.4.6. Reports of expert witnesses 89 4.4.7. Duration of pre-trial custody and proceedings 93 4.4.8. Plea agreements 97 4. TRIALS OF FTFS IN BOSNIA AND HERZEGOVINA: RESEARCH RESULTS 27 4.5. Sanctions 100 4.5.1. Duration of imprisonment 106 4.5.2. Non-carceral measures 110 4.5.3. Mitigating and aggravating factors 112 4.5.4. Correlations between mitigating and aggravating factors and sentence duration 127 4.5.5. Satisfying the purposes of punishment 130 6.1. Judicial Policy Implications 143 6.2. Non-Judicial Policy Implications 145 6.3. Future Research Implications 146 REFERENCES 147
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