Chapter 16 — Main Themes Encountered in Trial-Monitoring Programmes
In terms of staffing and field-support practices, both nationals and internationals have held monitor
and legal analyst positions in war crimes proceedings monitoring. Certain programmes have also
invested in supporting their staff psychologically against re-traumatization,203 while all managers
have taken precautions against possible threats to the security of monitors.204
War crimes monitoring projects have engaged energetically in advocacy. Annex VII includes various
examples of public monitoring reports on war crimes trials. Beyond reporting, staff monitoring war
crimes proceedings have also engaged in promoting knowledge transfer, dialogue, transparency,
outreach and other confidence-building measures. Some notable advocacy activities have included:
• the promotion of technical and political interstate co-operation in war crimes matters;205
• capacity-building initiatives throughout the former Yugoslavia. Of particular note is the effort
driven by ODIHR and supported by the ICTY, the United Nations Interregional Crime and Justice Research Institute and the regional OSCE field operations, which ran from 2008 through
2011. This aimed at promoting knowledge-transfer in war crimes processing and led to the publication of a report.206 In turn, these findings were implemented by the “War Crimes Justice Project” with EU funding;207 and
• contributions to the development of other truth-seeking and reconciliation mechanisms promoted by civil society in post-conflict areas.
16.4 Monitoring trafficking in human beings and other organized crime
Organized crime, with its transnational character, is considered by the OSCE to be one of the main
threats to the safety and stability of all participating States.208 It has many facets, including trafficking in human beings for the purpose of sexual or labour exploitation, drug trafficking, money
laundering, corruption and terrorism. Trial monitoring of organized crime cases has been a priority for a number of monitoring programmes, with the heaviest focus having been on anti-trafficking
activities.
Monitoring programmes have developed diverse structures for handling the portfolio of organized
crime. For instance, NGOs involved in trial monitoring have often been eager to make organized
crime a priority, as is the case with the Coalition All for Fair Trials, supported by the OSCE Mission
to Skopje. Certain systemic monitoring programmes have assigned legal analysts as focal points for
anti-trafficking activities. Moreover, the portfolio of trafficking in human beings may be separated
from that of other organized crime, allowing different legal analysts to look into the distinct issues
in more depth, as was the case with the OSCE Missions to Bosnia and Herzegovina and the OSCE
Mission in Kosovo.209 In some field operations, advocacy and outreach activities to combat organized crime – i.e., capacity-building of judicial actors, interstate co-operation or legislative reforms
– are dealt with by units separate from the trial-monitoring programme.
Combating trafficking in human beings is seen as a threefold process, targeting prevention, protection and prosecution. Thematic trial monitoring can yield significant information on the third
element, but also on the effectiveness of the second. While trial monitoring has traditionally
203 See Chapter 8.5.6.
204 See Chapter 8.5.7.
205 An example is the Palic Process, a process to stimulate co-operation in the judicial area among four countries that began
in the Serbian city of Palic in 2004, under the auspices of the OSCE. See, for instance, <http://www.osce.org/zagreb/32648>.
206 See the report “Supporting the Transition Process: Lessons Learned and Best Practices in Knowledge Transfer - Final Report” (2009); available at <http://www.osce.org/odihr/38689>.
207 For more information see <http://www.osce.org/odihr/74803> and <http://www.icty.org/sid/240>.
208 See the Report on OSCE Activities in the Fight against Organized Crime in 2010 by the Office of the Secretary General,
Strategic Police Matters Unit.
209 It is of interest that the OSCE National Anti-Trafficking Officer in the OSCE Mission to Bosnia and Herzegovina was also
seconded to the newly formed Office of the State Co-ordinator for Combating Trafficking in Human Beings and Illegal Immigration, as a form of concrete support following advocacy with authorities to establish such a role within the government.
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