Second Report on the Implementation of the National Strategy for the Prosecution of War Crimes

The Humanitarian Law Center (HLC) has been monitoring and providing support to war crimes trials ever since the first war crimes proceedings conducted in Serbia in 2002. The HLC is the only organization that has been continuously monitoring and analysing war crimes trials in Serbia and informing the public at home and abroad about them. It has been representing victims (injured parties) in war crimes cases through an Attorney, filing criminal complaints with the Office of the War Crimes Prosecutors against suspected perpetrators, and sharing its documentation on war crimes. Also, the HLC has been identifying witnesses and victims and encouraging them to give evidence in court and thus contribute to achieving justice for past crimes.

The HLC has been monitoring the implementation of the National Strategy in order to offer its independent assessment of and findings on the state of implementation of the National Strategy. This is the second report on the implementation of the National Strategy that the HLC is presenting. For complete insight into the implementation of the National Strategy, the First Report on the Implementation of the National War Crimes Prosecution Strategy, which was presented by the HLC in December 2017, is also relevant.

As shown by the HLC’s findings, no progress in war crimes prosecutions can be reported for the two years since the adoption of the National Strategy. The implementation of the National Strategy has been severely delayed, and 11 of the 12 indictments that have been issued since the adoption of the National Strategy were not the result of the OWCP investigation but transferred to the OWCP from BiH. War crimes trials continue to be unnecessarily protracted, the procedural rights of victims have not been strengthened, the number of missing persons is decreasing at a slower pace than foreseen in the National Strategy, and the relevant international governmental and non-governmental organisations have negative opinions about Serbia’s progress in the prosecution of war crimes.

The Second Report on the Implementation of the National Strategy for the Prosecution of War Crimes  is available here.

Report on War Crimes Trials in Serbia during 2016

The Humanitarian Law Center (HLC) has monitored all war crimes trials conducted in the territory of Serbia in 2016 – that is to say, a total of 26 trials conducted by the War Crimes Departments of the Higher Court or the Court of Appeal in Belgrade, or the courts of general jurisdiction.

The Report on War Crimes Trials in Serbia during 2016 features a brief overview of all 26 cases observed and the HLC’s key findings on each case, which the public needs to be informed about. Given that a significant portion of the war crimes proceedings presented in the Report have been ongoing for a number of years, the previous annual HLC Reports on war crimes trials should also be consulted for a full appreciation of the course of the proceedings and the corresponding findings. The Report also covers trials for crimes that are not classified as war crimes by the relevant prosecutor’s offices of general jurisdiction; despite the fact that the circumstances of such cases indicate they do constitute war crimes.

The Report focuses particularly on the work of prosecutor’s offices and courts, notably in the analysis of indictments and judgments. An analysis of the work of other institutions involved in war crimes prosecution (the War Crimes Investigation Service of the Serbian Ministry of the Interior, the Protection Unit, etc.) could not be made within the context of each case as a result of the lack of publicly available information on their work.

The War Crimes Department of the Higher Court in Belgrade handed down first-instance judgments in three cases over the reporting period, and a judgement accepting a plea agreement concluded between the OWCP and a the defendant. The War Crimes Department of the Court of Appeal in Belgrade has issued six rulings on appeals against judgments passed by the Higher Court in Belgrade. The courts of general jurisdiction handed down four judgments. Eight OWCP’s indictments were confirmed in the reporting period against 15 individuals accused of a war crime against a civilian population.

The analyses of the cases in the Report are preceded by an overview of the general findings on war crimes trials in 2016, and a summary of the significant social and political events that had a bearing on the war crimes trials.

The Report on War Crimes Trials in Serbia during 2016 is available here.

TRANSITIONAL JUSTICE IN SERBIA in the period from 2013 to 2015

The aim of the report „Transitional Justice in Serbia in the period from 2013 to 2015“ is to inform the domestic and international publics on the progress of the process of establishing transitional justice in Serbia.

Access to documents related to crimes against international law in the possesion of Serbian institutions: State Secret Prevails over Right to the Truth

Open access to archives which contain documents that can assist in determining the facts about past human rights violations is a key prerequisite for the establishment of transitional justice processes and mechanisms. In societies like the Serbian, which have experienced periods marked by systematic violence, access to information regarding human rights violations is an essential element of the right of victims and society as a whole to know the truth.

Report on War Crimes Trials in Serbia during 2014 and 2015

The biannual report on war crimes trials in Serbia offers an insight into all war crimes trials conducted  before the Higher Court and the Appellate Court in Belgrade, as well as before the courts of general jurisdiction. The report gives a brief overview of proceedings for 27 cases, as well as the basic findings of the HLC regarding the cases.

Victims’ Right to Reparation in Serbia and the European Court of Human Rights Standards

For societies that have experienced periods of massive human rights violations, the issue of reparations for victims is one of the most important elements for the establishment of the rule of law and creating solidarity and a human rights culture.

Report on War Crimes Trials in Serbia in 2013

The Report on War Crimes Trials in 2013 is based on the monitoring and analysis of war crimes trials before the Higher Court in Belgrade, Court of Appeal in Belgrade and the courts of general jurisdiction in Nis, Pozarevac and Prokuplje.

You can download the Report on War Crime Trials in Serbia in 2013 here.

HLC Kosovo report: Witnesses still The Achilles hell in high profile trials

As part of the project Monitoring of Trials for War Crimes and Politically and Ethnically Motivated Criminal Offences, the Humanitarian Law Center Kosovo (HLC Kosovo) during 2013[454], continued with the systematic monitoring and analysis of the progress of the most important trials in Kosovo, since these trials attract the greatest attention of professional and general public, monitors, printed and electronic media, civil society and non-governmental sector, as well as international human rights organizations.

Fulfilling the Right for Victims of Human Rights Abuses to seek Reparation before the Serbian Courts

This Report offers a review of 15 cases in which HLC represented victims and which resulted in court decisions in 2012. There were a total of 18 judgments, 12 of which were negative and six positive, which awarded a total of RSD 1.76 million to victims of human rights abuses.

Transitional Justice in Post-Yugoslav countries – Report for 2010/2011

The subject of this report are relevant events in the transitional justice arena in the successor countries of the former Yugoslavia: trials for war crimes committed in the period 1991-1999, institutional reform referring to lustration, approach that institutions and public have to convicts, media reporting about war crimes, truth commissions, work of civil society organizations on documenting facts about war crimes, resolution of the issue of missing persons, return of refugees, reparations, memorials.