REPORT ON WAR CRIMES TRIALS IN SERBIA DURING 2022

The HLC has monitored all war crimes trials conducted in the territory of Serbia in 2022, namely a total of 25 cases conducted before the War Crimes Departments of the Higher Court and/or the Court of Appeal in Belgrade.

The Report provides a brief overview of the proceedings and of the HLC’s basic findings in respect of cases which are of public relevance. A large number of the war crimes cases covered by this Report have been going on for a number of years now, so that previous HLC annual trial reports are also relevant for a full grasp of the course of the proceedings and the pertinent HLC findings.

The report focuses on the work of the Office of the War Crimes Prosecutor (OWCP) and of the courts in parts of the judicial proceedings open to the public, primarily by analysing the indictments and the judgments in each particular case. An analysis of the work of other bodies involved in the prosecution of war crimes – the War Crimes Investigation Service of the Serbian Ministry of the Interior (MUP), the Witness Protection Unit and others, cannot not be undertaken in respect of the individual cases, as no information on their activities is publicly available.

Material reparations in proceedings for damages – The practice of courts in Serbia 2021 – 2022

For a long time, the Humanitarian Law Center (HLC) has been publishing reports on the exercise of the right to compensation for victims of war crimes, through civil proceedings conducted before the courts in Serbia. The last such report covered the period from 2017 to 2020 and was presented to the public in 2021.  This report covers the period from 2021 to the end of 2022.

The obligation of the Republic of Serbia to provide redress to victims of human rights abuses, including in the form of adequate material reparations, remains unchanged. The harm inflicted on individuals and their family members implies the duty of the wrongdoer, the Republic of Serbia in this case, either to remove its harmful effects or to provide the victims with adequate redress.  30 years since the outbreak of the armed conflicts in the territory of the former Yugoslavia, the Republic of Serbia has not yet fully met this obligation. The political will to face and accept responsibility for past crimes and provide redress to all victims is still absent. As a result, the victims and their family members are forced to pursue their compensation claims through lengthy, costly and often uncertain civil litigation before the courts in Serbia.

Media and Revisionism about the 1990s’ Wars in Serbia

Following the regime change in 2012, the new authoritarian regime under the Serbian Progressive Party (SNS) put memory politics high on its political agenda. The revisionist history of the 90s’ wars now constitutes the primary source of its political legitimization. At the same time, the new government established a firm grip over media, leaving a few independent outlets still critical of the new memory politics. A majority of mainstream media operate in symbiosis with the regime, actively contributing to the new revisionist narrative. These narratives are further supported and accelerated in tabloid and alternative media, offering an even more radicalized version of the past. In such a mediascape, actors working on critical memory are limited to a few independent media outlets. At the same time, they are under constant threat from the regime and tabloids alike.

Dossier: “Serbian Volunteer Guard”

The crimes committed by the Serbian Volunteer Guard (SDG/the Guard), a group formed by Željko Ražnatović (Arkan), and its links with the Serbian police, military and political establishment, were an integral part of the indictments of the ICTY’s Office of the Prosecutor against Slobodan Milošević, Goran Hadžić, Jovica Stanišić and Franko Simatović.

The trials of Milošević and Hadžić were terminated because they had died before the judgments were passed, but witness statements and evidence presented during the trials contain a wealth of materials about the activities of the SDG. In addition, the ICTY’s Office of the Prosecutor filed an indictment against SDG commander Željko Ražnatović aka Arkan for crimes committed in the area of Sanski Most. In the trial judgment following the retrial of Stanišić and Simatović, the Trial Chamber of the International Residual Mechanism for Criminal Tribunals (MICT) established that the SDG was involved in murders, persecution and forced displacement in the area of the so-called Serbian Autonomous Region of Slavonia, Baranja and Western Srem (SAO SBZS) in 1991 and 1992, in Bijeljina and Zvornik in 1992, and in Sanski Most in 1995. Nevertheless, not a single member of the SDG has been prosecuted for these crimes to date.

Remembering the 2001 Armed Conflict in Macedonia: Modes of Commemoration and Memorialization

This paper discusses the strategies of commemorating and memorializing the armed conflict in North Macedonia since its formal ending in August 2001. It argues that there are two prevailing modes of remembering the 2001 conflict in post-conflict Macedonia, which match the domains of the two largest ethnic communities in the state, the Macedonian and the Albanian. Observation of annual developments, however, demonstrates that commemorative practices within the two domains are not as uniform as they might seem.

(srpski) Arhiva FHP-a o otmicama meštana Sjeverina

Sorry, this entry is only available in srpski.

Report on War Crimes Trials in Serbia during 2021

The Report includes an analysis of 26 cases monitored by the HLC before the war crimes departments of the Higher Court and the Court of Appeals in Belgrade. Also, the Report contains an overview of the general findings on war crimes trials during 2021, as well as important socio-political events that are vital for war crimes trials in Serbia.

The report is available here

Memory Politics of the 1990s Wars in Serbia: Historical Revisionism and Challenges of Memory Activism

Since 2012, when the Serbian Progressive Party came to power, the wars of the 1990s became the focal point of the official memory politics and crucial for the political legitimacy of the SNS government. The populist discourse of the return of the national pride is central to state-sponsored memory work, arguing that the previous governments and international community coerced the Serbian nation to feel ashamed about its heroes and victims of the 1990s wars. The current regime uses the fact that the previous governments did not focus on the 1990s in their memory politics as a demarcation line and source of legitimacy. Because of the SNS and their political allies, the Serbian people are finally allowed and able, as the dominant narrative claims, to remember their heroes and victims with pride. The government builds its political legitimacy on its commitment to the industry of memory, which involves large-scale commemorations, usage of media technologies, cultural production and new ways of disseminating the dominant narratives.

Policy paper: Awarding restitution claims for victims of sexual violence in war crimes proceedings before Serbian courts

An associated action for restitution constitutes a claim for the compensation of damages, recovery of property or the annulment of a legal transaction arising from the commission of a criminal offence.

In criminal proceedings, the injured party may file an associated action for damages starting from the investigation stage until the end of the main hearing and the claim shall be decided by the court unless it would delay the proceedings.

Although awarding this claim has been laid down as a rule in the Criminal Code of the Republic of Serbia, the courts in the Republic of Serbia have been interpreting this legal provision as an exception. Namely, ever since 2003, from which time specialized court divisions handling solely war crime trials have been in existence, not a single war crime victim has been awarded damages in associated action during the criminal proceedings, but they have been referred to exercise their right to compensation in civil action.

Dossier: VRS 43rd Motorised Brigade in Prijedor

Between May and August 1992, units of the 1st Krajina Corps of the Army of the Republika Srpska (VRS), together with the police of the Republika Srpska, Territorial Defence Force (TO) units and various volunteer groups, carried out attacks on a large number villages in the municipality of Prijedor inhabited predominantly by Bosniaks and Croats.

In the documents of the VRS and the Ministry of the Interior (MUP) of the Republika Srpska, combat operations in the Prijedor municipality were referred to as “cleansing operations” and actions aimed to crush extremist groups. However, as established in several judgments of the International Criminal Tribunal for the former Yugoslavia (ICTY), these operations involved the systematic killings, abuses, arrests and detention of non-Serbs, as well as the destruction and looting of their property.

More than 3,000 civilians died in the territory of Prijedor municipality in 1992, and around 38,000 Bosniaks and Croats left the municipality before the second half of October of 1992.