Criminal Prosecutions of Foreign Terrorist Fighters in Bosnia and Herzegovina

166 Pages·2023·4.625 MB·English

by  Mirza Buljubašić and Vlado Azinović

Norwegian Embassy
Sarajevo
NASLOV IZVORNIKA: KRIVIČNO PROCESUIRANJE STRANIH
TERORISTIČKIH BORACA U BOSNI I HERCEGOVINI
CRIMINAL PROSECUTIONS OF FOREIGN TERRORIST FIGHTERS IN
BOSNIA AND HERZEGOVINA
Authors
Mirza Buljubašić
Vlado Azinović
Editor
Nejra Veljan
Copyeditor
Kimberly Storr
Translators
Adisa Okerić Zaid
Aida Spahić
Reviewers
Prof. dr. Elmedin Muratbegović
Ćazim Hasanspahić
Design
#LevelUpYourMedia
Publisher
© Atlantic Initiative, Sarajevo 2023
All rights reserved
This research was conducted as a part of the project “Reduction of radicalization, violent extremism
and terrorism”, which is supported by the Embassy of the Kingdom of Norway in Bosnia and
Herzegovina. The views expressed in this publication are those of the authors and do not necessarily
reflect the views of the Embassy of the Kingdom of Norway in Bosnia and Herzegovina.
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Bosne i Hercegovine, Sarajevo
ISBN 978-9926-465-33-9
CIP zapis dostupan u COBISS sistemu Nacionalne i univerzitetske biblioteke BiH pod
ID brojem 52917510
MIRZA BULJUBAŠIĆ
VLADO AZINOVIĆ
CRIMINAL PROSECUTIONS OF
FOREIGN TERRORIST FIGHTERS IN
BOSNIA AND HERZEGOVINA
Sarajevo, 2023

TABLE OF CONTENTS
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. TRIALS OF FTFS IN BOSNIA
AND HERZEGOVINA: RESEARCH RESULTS 27
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
4.5. 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
5. CONCLUSION 137
6. RECOMMENDATIONS 143
6.1. Judicial Policy Implications 143
6.2. Non-Judicial Policy Implications 145
6.3. Future Research Implications 146
REFERENCES 147
CRIMINAL PROSECUTIONS OF FOREIGN TERRORIST FIGHTERS IN BOSNIA AND HERZEGOVINA
ABOUT AUTORS
Mirza Buljubašić  is a criminologist and senior assistant at the Faculty of
Criminal Justice, Criminology and Security Studies of the University of Sarajevo.
He holds a PhD degree, master's degree and a bachelor's degree in criminology,
a master's degree in criminal law and a master's degree in security studies at the
University of Sarajevo. He has worked as a research supervisor and researcher
in various organizations dealing with justice, security and crime research.
His scholarly work deals with mass/war crimes, transitional justice, violent
extremism and intergenerational right-wing radicalization. His work has been
published in, among others, Oxford University Press, International Criminal Law
Review, Criminal Topics and Criminal Justice Studies: A Critical Journal of Crime,
Law and Society.

Professor Vlado Azinović works at the Department of Peace and Security
Studies of the Faculty of Political Sciences of the University of Sarajevo and a co-
founder of the Atlantic Initiative. Professor Azinović holds a PhD in political
science from the American University in London (United Kingdom) and a
master's degree in international relations from Norwich University (United
States). Between 1995 and 2008 he worked as a senior editor at the Balkan
Service, Radio Free Europe/Radio Liberty, Prague (Czech Republic). Professor
Azinović serves as an expert witness for the prosecution in terrorism related
cases before the Court of Bosnia and Herzegovina. Azinović is the author, co-
author or editor of a large number of books, including "Waiting Games:
Assessment and Response to the Threat of the Return of Foreign Fighters in the
Western Balkans" (2018); "Between Salvation and Terror: radicalization and the
phenomenon of foreign fighters in the Western Balkans" (2017). He is also the
author of numerous book chapters, articles, essays and reviews on issues related
to terrorism".
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MIRZA BULJUBAŠIĆ | VLADO AZINOVIĆ
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