Address during inaugural ceremony of the International Criminal Court ( I C C ) -Victims Trust Fund.

HAGUE CEREMONY ADDRESS

FORGOTTEN VICTIMS !

Ladys and Gentlemens,

Your Excellency,

Dear Friends,

I stand before you twelve years after drama of the Bosnian nation began as the worldwatched. It was as obvious then as it is now, that the citizens of Bosnia did nothing to bring this brutal war, waged by a neighboring country, upon themselves.  

Prior to the start of the war, we lived together in religious, cultural and ethnic harmony. The aim of the aggressors was to divide the Bosnian people and establish two ethnically pure states - greater Serbia and greater Croatia. While we faced a war, we were also victims of the indifference of the international community, especially some structures of the UN which were responsible for protecting member states from the crime of genocide and crimes against humanity.

When I received an invitation to attend this ceremony I was faced with a great problem. Should I speak about the suffering and destruction of victims ' lives, about the killing of over a hundred thousand people, humiliation, rape and torture, about the dictorial regime's manipulation of ethnic and religious feelings or, should I focus on an explanation of the importance of reparations twelve years later. For a long time I have been talking with different victims' groups and associations / raped women, detainees, mother of Srebrenica, representatives of missing persons/ in an effort to a find common denominator for their needs and goals.

And after all these conversations, after my twelve years of experience in the area of war crimes investigation and numerous contact with victims, I have come to the realization that two words can describe how they feel: forgotten victims.

They are forgotten because the creators of the Dayton peace agreement did not address the question of reparations for the victims of terrible crimes.

They are forgotten because the Bosnian parliament has never discussed question of reparation of the war victims. Nor has it discussed the need to create a national strategy and mechanism for reparations and the rebuilding of victims' lives.

They are forgotten because the attention of the courts - international and domestic - are focused on the perpetrators of crimes. Victims are the subject of the courts' interest only when they are preparing to be witnesses. The victims' story is only part of due process to prove individual responsibility of the accused. Reparations are still far from the court's interest.

Unfortunately, ten years after Dayton was signed we still have no national war crimes chamber.

Ten years later, the main war criminals ( Mladic and Karadzic ) and many others are still free.

Ten years later, most victims have no appropriate security.

Ten years later, no one works on the issue of reparations, although hundreds of millions dollars have flowed into Bosnia as part of the post - war reconstruction.

Victims in the region have never considered reparation only as financial compensation for their suffering and personal or family tragedy. Money is not the end goal of reparations. It is above all justice. Justice is the main form of reparation and first step toward healing the wounds of war. It is also key element of reconciliation and the prevention of revenge. Justice guarantees that the crimes of genocide will never be repeated. It is moral satisfaction for victims and it also sends a strong message that we are again going to live in a society governed by the rule of law.

Also, the full truth about the causes and consequences of tragedies is extremely important for victims. Victims are very sensitive to efforts to cover their stories in silence.

Finally, I wish to tell you that the Victims Trust Fund is extremely important because it is the first effort to place a high importance on victims. This effort should enable the ICC (International Criminal Court) to become a court not only focused on perpetrators, not only a court focused on bringing justice and punishing violators of international humanitarian law, but a court for restoring victims' dignity and offering hope for the restoration of life to survivors and their families.

Reparations, although they are only a partial solution, will enable victims to feel that they are not forgotten and will give them a chance to restore their lives after they leave the courtroom.

Thank you, and God bless your efforts to help victims of the crime!

April 22, 2004. - The Hague, ICC - International Criminal Court - Victims Trust Fund

( Final version )

Mirsad Tokaca, President of RDC